AN ACT CONCERNING ELIGIBILITY FOR INCAPACITY BENEFITS UNDER THE WORKERS' COMPENSATION ACT.

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General Assembly Raised Bill No. 5267
February Session, 2026 LCO No. 1696

Referred to Committee on JUDICIARY

Introduced by:
(JUD)

AN ACT CONCERNING ELIGIBILITY FOR INCAPACITY BENEFITS
UNDER THE WORKERS' COMPENSATION ACT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. Section 31-307 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2026): 2
(a) If any injury for which compensation is provided under the 3
provisions of this chapter results in total incapacity to work, the injured 4
employee shall be paid a weekly compensation equal to seventy-five per 5
cent of the injured employee's average weekly earnings as of the date of 6
the injury, calculated pursuant to section 31 -310, after such earnings 7
have been reduced by any deduction for federal or state taxes, or both, 8
and for the federal Insurance Contributions Act made from such 9
employee's total wages received during the period of calculation of the 10
employee's average weekly wage pursuant to section 31 -310; but the 11
compensation shall not be more than the maximum weekly benefit rate 12
set forth in section 31-309 for the year in which the injury occurred. No 13
employee entitled to compensation under this section shall receive less 14
than twenty per cent of the maximum weekly compensation rate, as 15

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provided in section 31 -309, provided the minimum payment shall not 16
exceed seventy-five per cent of the employee's average weekly wage, as 17
determined under section 31 -310, and the compensation shall not 18
continue longer than the period of total incapacity. Notwithstanding the 19
provisions of this chapter, any employee who has elected to retire from 20
the workforce and whose incapacity occurs after such retirement shall 21
not be eligible to receive compensation under this section. 22
(b) Notwithstanding the provisions of subsection (a) of this section, 23
any employee who suffers any injury or illness caused by the employer's 24
violation of any health or safety regulation adopted pursuant to chapter 25
571 or adopted by the federal Occupational Safety and Health 26
Administration and listed in 29 CFR, Chapter XVII, after the violation 27
has been cited in accordance with the provisions of section 31-375 or the 28
provisions of the Occupational Safety and Health Act of 1970, 84 Stat. 29
1601 (1970), 29 USC 658 and not abated within the time fixed by the 30
citation, provided the citation has not been set aside by appeal to the 31
appropriate agency or court having jurisdiction, shall receive a weekly 32
compensation equal to one hundred per cent of the employee's average 33
weekly earnings at the time of the injury or illness. 34
(c) The following injuries of any person shall be considered as causing 35
total incapacity and compensation shall be paid accordingly: (1) Total 36
and permanent loss of sight of both eyes, or the reduction to one -tenth 37
or less of normal vision; (2) the loss of both feet at or above the ankle; (3) 38
the loss of both hands at or above the wrist; (4) the loss of one foot at or 39
above the ankle and one hand at or above the wrist; (5) any injury 40
resulting in permanent and complete paralysis of the legs or arms or of 41
one leg and one arm; (6) any injury resulting in incurable imbecility or 42
mental illness. 43
(d) An employee who has suffered the loss or loss of the use of one of 44
the members of the body, or part of one of the members of the body, or 45
the reduction of vision in one eye to one -tenth or less of normal vision, 46
shall not receive compensation for the later injury in excess of the 47

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compensation allowed for the injury when considered by itself and not 48
in conjunction with the previous incapacity except as provided in this 49
chapter. 50
This act shall take effect as follows and shall amend the following
sections:

Section 1 October 1, 2026 31-307

Statement of Purpose:
To preclude an employee from seeking incapacity benefits when the
employee elects to retire from the workforce and experiences the
incapacity after such retirement.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]