(a) No compensation shall be payable for total or partial incapacity under the provisions of this chapter on account of any injury which does not incapacitate the injured employee for a period of more than three days from earning full wages at his customary employment. If the incapacity continues for a period of more than three days but less than seven days, compensation shall begin at the expiration of the first three days of total or partial incapacity. If the incapacity continues for a period of seven days, compensation shall begin from the date of the injury.
(b) The injured employee shall be entitled to full wages for the entire day of the injury and that day shall not be counted as a day of incapacity.
(c) If the employee is entitled to receive compensation for permanent disability to an injured member in accordance with the provisions of subsection (b) of section 31-308, the compensation shall be paid to him beginning not later than thirty days following the date of the maximum improvement of the member or members and, if the compensation payments are not so paid, the employer shall, in addition to the compensation rate, pay interest at the rate of ten per cent per annum on such sum or sums from the date of maximum improvement. The employer shall ascertain at least monthly whether employees are entitled to compensation because of a loss of wages as a result of the injury and, if there is a loss of wages, shall pay the compensation. The chairperson of the Workers' Compensation Commission shall adopt regulations, in accordance with the provisions of chapter 54, for the purpose of assuring prompt payment by the employer or his insurance carrier.
(1949 Rev., S. 7427; 1957, P.A. 451; 1958 Rev., S. 31-158; 1959, P.A. 580, S. 4; 1961, P.A. 491, S. 17; 1967, P.A. 842, S. 6; P.A. 91-32, S. 15, 41; 91-339, S. 16, 55; P.A. 93-228, S. 9, 35; P.A. 22-89, S. 20.)
History: 1959 act divided section into Subsecs. and reduced periods of incapacity used to determine compensation from seven to three days and from ten to seven days; 1961 act entirely replaced previous provisions; 1967 act added Subsec. (c) re compensation for permanent disability; P.A. 91-32 made technical changes; P.A. 91-339 amended Subsec. (c) to require the chairman of the workers' compensation commission to adopt regulations; P.A. 93-228 amended Subsec. (c) to increase the interest penalty for late payment of permanent partial disability benefits from 6% to 10% per year, effective July 1, 1993; P.A. 22-89 made a technical change in Subsec. (c), effective May 24, 2022.
“Incapacity” defined. 113 C. 710. Cited. 119 C. 560; 241 C. 692.
Cited. 7 CA 142; 16 CA 437; 37 CA 648.
Defendant may not counterclaim against intervening plaintiff employer based on contract between employer and defendant for former to hold latter harmless for personal injury claims. 22 CS 23.
Subsec. (c):
Nothing in Subsec. expressly prohibits plaintiff from receiving incapacity benefits until both legs have reached maximum medical improvement and such result does not undermine purpose of act. 263 C. 328.
Notes of Decisions
Cited in
18
cases (
7 in the last 5 years), 1981–2026 · leading case:
Rayhall v. Akim Co., 819 A.2d 803 (Conn. 2003).
Rayhall v. Akim Co., 819 A.2d 803 (Conn. 2003).
· cites it 6× “In reaching its conclusion, the board focused on the interrelationship between two sections of the Workers’ Compensation Act addressing permanent incapacity—§ 31-308 (b), which entitles an employee suffering a permanent disability to a specified body part to payment of a fixed…”
Brennan v. City of Waterbury, 207 A.3d 1 (Conn. 2019).
· cites it 5× “General Statutes § 31-295 (c) provides in relevant part: " If the employee is entitled to receive compensation for permanent disability to an injured member in accordance with the provisions of subsection (b) of section 31-308 , the compensation shall be paid to him beginning…”
DeOliveira v. Liberty Mut. Ins., 870 A.2d 1066 (Conn. 2005).
· cites it 2× “General Statutes § 31-295 (c). The attorney general, upon notice from the commission, also is authorized to initiate civil actions to enforce untimely payments.”
Doe v. City of Stamford, 699 A.2d 52 (Conn. 1997).
· cites it 2× “To the extent that this argument is based on the provisions of General Statutes § 31-295 (a), which provide that no compensation for total or partial disability shall be payable under the act until the injured employee misses more than three days of employment, those provisions…”
Coollick v. Town of Windham, 508 A.2d 46 (Conn. App. Ct. 1986).
· cites it 2× “General Statutes § 31-295 expressly provides that “the Commissioner shall adopt regulations for the purpose of assuring prompt payment by the employer or his insurance carrier.”
Salmeri v. Dep't of Pub. Saf., 798 A.2d 481 (Conn. App. Ct. 2002).
· cites it 8× “the board improperly determined that (1) there was medical evidence to support the finding that the plaintiffs condition resulted in partial disability, (2) the statutory presumption in § 5445a was not adequately rebutted and (3) the evidence was sufficient to support a…”
Gardner v. Dept. of Mental Health & Addiction Servs., 223 Conn. App. 221 (Conn. App. Ct. 2024).
· cites it 6× “Moreover, General Statutes § 31-295 (c) provides that permanent partial disability benefits pursuant to § 31-308 (b) shall be paid after the date of maximum medical improvement of the injured employee.”
McKinley v. Musshorn, 441 A.2d 600 (Conn. 1981).
“Each State employee who sustains an injury arising out of and in the course of his employment, except as provided in section 5-142, shall be paid compensation in accordance with the provisions of the workers’ compensation act, provided, notwithstanding any provision of section…”
Gillis v. White Oak Corp., 808 A.2d 712 (Conn. App. Ct. 2002).
· cites it 2× “See General Statutes § 31-295 (a). Finding number five was made as of an October 14, 1992 date of maximum improvement after the plaintiff had suffered a third injury on April 20,1992.”
Kreidler v. Bic Pen Corp., 547 A.2d 590 (Conn. App. Ct. 1988).
· cites it 9× “The defendants claim that the review division erred in its finding and award determining that payment to the plaintiffs of “full wages for the entire day of the [compensable] injury” (emphasis added) under General Statutes § 31-295 (b) 1 “included remuneration for eight hours at…”
Chappell v. Manafort Bros., 778 A.2d 225 (Conn. App. Ct. 2001).
· cites it 2× “” General Statutes § 31-295 (c) provides in relevant part: “If the employee is entitled to receive compensation for permanent disability to an injured member in accordance with the provisions of subsection (b) of section 31-308, the compensation shall be paid to him beginning…”
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