Conn. Gen. Stat. » Title 31 — LABOR · Chapter 568 — Workers' Compensation Act
Connecticut General Statutes

Conn. Gen. Stat. § 31-306b (2025)

Written notice of potential eligibility for death benefits

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(a) Not later than thirty days after the date an employer or insurer discontinues paying weekly disability benefits to an injured employee under the provisions of this chapter due to the death of the injured employee, the employer or insurer shall send by registered or certified mail to the last address to which the injured employee's workers' compensation benefit checks were mailed, a written notice stating, in simple language, that dependents of the deceased employee may be eligible for death benefits under this chapter, subject to the filing and benefit eligibility requirements of this chapter.

(b) Not later than October 1, 1998, the chairperson of the Workers' Compensation Commission shall develop a standard form that may be used by employers and insurers to provide the notice required under subsection (a) of this section.

(c) The failure of an employer or insurer to comply with the notice requirements of subsection (a) of this section shall not excuse a dependent of a deceased employee from making a claim for compensation within the time limits prescribed by subsection (a) of section 31-294c unless the dependent of the deceased employee demonstrates, in the opinion of the administrative law judge, that he was prejudiced by such failure to comply. Each dependent who, in the opinion of the administrative law judge, demonstrates that he was prejudiced by the failure of an employer or insurer to comply with the notice requirements of subsection (a) of this section shall be granted an extension of time in which to file a notice of claim for compensation with the deceased employee's employer or insurer pursuant to section 31-294c, but such extension shall not exceed the period of time equal to the interim between the end of the thirty-day period set forth in subsection (a) of this section and the date the notice required under said subsection was actually mailed.

(P.A. 98-104, S. 1; P.A. 21-18, S. 1; P.A. 22-89, S. 23.)

History: Pursuant to P.A. 21-18, “commissioner” was changed editorially by the Revisors to “administrative law judge” in Subsec. (c), effective October 1, 2021; P.A. 22-89 made a technical change in Subsec. (b), effective May 24, 2022.

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Notes of Decisions
Cited in 3 cases, 2002–2016 · leading case: Spears v. Garcia, 818 A.2d 37 (Conn. 2003).
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Spears v. Garcia, 818 A.2d 37 (Conn. 2003). · cites it 2× “General Statutes § 31-306b (employer’s failure to comply with notice requirements under statute does not excuse dependent of deceased employee from filing workers’ compensation claim within time period prescribed under General Statutes § 31-294c).”
Tardy v. Abington Constructors, Inc., 801 A.2d 804 (Conn. App. Ct. 2002). · cites it 5× “Rather, the legislature enacted what is now General Statutes § 31-306b, which contemplates the filing of a separate notice of claim.”
McCullough v. Swan Engraving, Inc., 320 Conn. 299 (2016). · cites it 11× “’’ 6 General Statutes § 31-306b provides: ‘‘(a) Not later than thirty days after the date an employer or insurer discontinues paying weekly disability bene- fits to an injured employee under the provisions of this chapter due to the death of the injured employee, the employer or…”
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