Posted on April 27, 2020 in Workers' Compensation

If you work as a first responder in Connecticut, your ability to receive workers’ compensation just became easier. Governor Ned Lamont’s office explains that as of July 1. 2019, Connecticut’s new law allows you to file a workers’ compensation claim and receive benefits therefor if your physician diagnoses you with post-traumatic stress disorder after witnessing a grim event in the course of your duties, whether or not you sustained a physical injury at the same time.

The law applies to you if you work as one of the following:

• Police officer
• Firefighter
• Parole officer

Qualifying events

To qualify for this expanded workers’ compensation coverage, you must have done one of the following while working in the line of duty:

• Witnessed a person die
• Witnessed a person with an injury so severe that (s)he died shortly afterward
• Treated a severely injured person who died shortly afterward

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 Posted on April 15, 2020 in Workers' Compensation

During this extraordinary time, the attorneys at Tremont Sheldon P.C. are continuing to handle your Workers’ Compensation matters. There have been temporary changes to the way WC claims are handled by the WCC.

In response to the ongoing Covid-19 health crisis and the Governor’s directive to "work at home, stay at home," the offices of the Workers’ Compensation Commission have been closed to the public since March 24, 2020. The WCC has also made significant staff reductions. Still, the WCC remains open and is conducting business. All Commissioners remain fully employed and are conducting formal and informal hearings telephonically. Respondent’s and Commissioner’s medical examinations may be conducted remotely at the discretion of the physician. Documents may now be filed by standard mail delivery services or facsimile instead of by certified mail.

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 Posted on April 15, 2020 in Workers' Compensation

A new law in Connecticut, which became effective on July 1, 2019, allows police officers, firefighters and parole officers to apply for certain workers’ compensation benefits if they are diagnosed with post-traumatic stress disorder after witnessing a distressing event in the line of duty.

Previously, such first responders were permitted to file a workers’ compensation claim for a mental health injury only when it was accompanied by a physical injury. The new law expands that coverage to such employees who have experienced one of the following: witnessing the death of a person; witnessing an injury that causes the death of a person shortly thereafter; treating an injured person who dies shortly thereafter; carrying an injured person who dies shortly thereafter; viewing a deceased minor; and witnessing an incident that causes a person to lose a body part, to suffer a loss of function or that results in permanent disfigurement.

This legislation also mandates a study of possible further expansion of such benefits to include other emergency medical responders.

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 Posted on April 02, 2020 in Car Accidents

After a car accident, you may not think about insurance and filing a claim right away. If you suffered injuries, then it may take even longer for you to get yourself together to start worrying about the details of the accident and handling any insurance needs. You may not even want to deal with it because of the emotional and psychological toll an accident can take on you.

The reality is that you need to make your insurance claim as soon as possible, according to Forbes. The other party’s insurer will probably contact you or your insurer.  

Dealing with insurance

If the other party does not have insurance, you will go through your insurer if you have collision and comprehensive coverage. Your insurance company will usually handle the recovery of the money it pays to you. However, if the other party does have insurance, you will have to negotiate a settlement with his or her insurer. 

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 Posted on March 30, 2020 in Firm News

As a result of COVID-19 outbreak, all jury trials have been suspended in Connecticut. Once the crisis passes, the Judicial Branch will reschedule those trials that did not go forward. During the pause in court business, the attorneys at Tremont Sheldon P.C. are working to prepare those cases for trial.

Which urgent issues are still being addressed?

Of Connecticut’s 13 different Judicial Districts, most courthouses are closed due to COVID-19, except for a handful of courthouses open with reduced hours. Those courthouses that remain open are operating with a reduced staff and, therefore, will only address certain urgent issues such as protective orders.  If you have any questions about the court operations, please do not hesitate to call the attorneys at Tremont Sheldon P.C..

How can this affect my case?

The reduction in court processes is meant to keep the number of people in the courthouses to a minimum to prevent, when possible, further spread of the virus in public areas. Courts are currently scheduling and hearing legal matters pertaining to what has been termed, ‘Priority 1 Business Functions.’ These functions may include:

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 Posted on March 17, 2020 in Firm News

If you rent an apartment, you should be able to venture to and from your apartment door without having to worry about a criminal assaulting you. In some cases, a crime may happen despite the best efforts of a landlord. However, if a landlord could foresee a crime occurring and did nothing, the victimized tenant may hold the landlord liable under the doctrine of negligent security.

In the event a tenant suffers assault or robbery while on a rental premises like an apartment complex, a court might hold the landlord responsible under certain circumstances. A judge will consider a number of factors to determine if the landlord was negligent.

Foreseeable Crimes

The legal team for the injured tenant may point out that the landlord should have foreseen that a crime could occur. They may argue that incidents of crimes had already taken place on the rental property, or that similar crimes had occurred in the immediate area. In some cases, a criminal might have been a former tenant of the property and had given indications of possibly committing a crime.

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 Posted on March 09, 2020 in Personal Injury

When you get behind the wheel of a motor vehicle, you take on a huge responsibility. If you have any type of impairment or distraction, it could lead to a serious accident. Impairment does not always mean that you are drunk or under the influence of drugs. Sometimes, it can be as simple as being too tired.

Drowsy driving is a top cause of accidents because many people do not realize how dangerous it is. The Centers for Disease Control and Prevention explain that it is incredibly dangerous to drive during periods of exhaustion because you do not have full mental clarity. It can impact your driving skills in a few ways.

Decision-making 

When you have brain fog due to a lack of sleep, it can slow down or hinder your ability to make good decisions. You may have trouble deciding how to react to a situation that requires split-second decision-making. You may also take risks that you otherwise would not because you are not of sound mind. It is similar to being drunk or on drugs in that you do not have complete control over your thinking.

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 Posted on February 21, 2020 in Premises Liability

A slip and fall incident in a retail store can be painful. By knowing your rights in this situation, you can prevent further frustration and find justice. Being aware of what steps you can take next when you get hurt in a store is imperative.

Store owners may be liable for your injuries. It is a right for the shoppers who visit the store to have safe aisles or sidewalks that a reasonable person can walk on without slipping and falling. If there are any tripping hazards like ripped carpets, slippery floors, bad lighting, or elevator or escalator issues, then the owners or caretakers of the store are at fault. Hidden or hazardous dangers also break the laws that maintain that owners should not be negligent about safety. As an injured shopper, you may have a right to sue for financial compensation if they are in violation of that.

Once an incident has occurred, you must establish that the situation was unsafe due to a lack of attention to safety of the store. Sometimes this happens around holidays such as Black Friday or the holiday shopping season due to the high volume of traffic from people going in and out of the store. You need to prove that the store owner did know of the dangerous conditions, but did not try to actively fix the issues. Additionally, you must prove that you got hurt due to this incident and that you suffered damages directly because of your fall.

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 Posted on February 10, 2020 in Car Accidents

There is a customer at the bar who has clearly drank too much. He or she shows obvious signs of intoxication, can barely speak without a telltale slur and insists on another drink. The bartender sees the signs but chooses to ignore them and provides the guest with another drink. Did this bartender show negligence? According to the Dram Shop Act, the bartender may be liable for any accidents that the guest gets into.

Connecticut is one state in which dram shop laws can hold a bar accountable for overserving its patrons. In Connecticut, those who serve alcohol have a responsibility not to overserve alcohol. The Dram Shop Act provides a means for those injured in car accidents with a drunk driver to take action against the vendor.

When the plaintiff makes this claim, he or she can only collect a maximum of 250,000 dollars. In order to establish a cause of action, the plaintiff has to prove that the vendor supplied alcohol to an intoxicated person who as a result of his or her intoxication hurt another person. If he or she can prove this, then the bar could be held liable in the case of a car accident.

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 Posted on February 03, 2020 in Sexual Abuse

Well known for its zealous representation of sexual abuse victims, the law firm of Tremont Sheldon P.C. this month filed three lawsuits against Daniel Checovetes, long-time director within Massachusetts’s community theater circuit, on behalf of three female clients. The suits allege that in 2008, the three women, then ages 14, 16 and 17 respectively, came under Checovetes’s tutelage when they participated in the Naugatuck Teen Theater program where he served as director for teen and community theater performances.

As reported in the Connecticut Post and other newspapers, the lawsuits name not only Checovetes as a defendant, but also the Landmark Community Theatre, Inc., the Naugatuck Teen Theater, LLC, the Thomaston Opera House, and the Warner Theatre. The suits claim that employees of these theaters failed to properly oversee Checovetes’s interactions with teenagers even though they knew at the time that some of their employees had received criminal convictions for child pornography possession.

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