Connecticut Seeks to Graft “Common Fund” Attorney Fee & Expense Reductions on Workers’ Compensation Recoveries
NASP, www.subrogation.org
Connecticut has introduced a bill that would reduce every Workers’ Compensation subrogation claim for the injured employee’s attorney fees and necessary expenses. See Connecticut House Bill 6683 as amended. Connecticut’s law provides that the employer does get the first recovery dollar once a reduction for attorney fees is calculated when the employer joins as a party plaintiff in the litigation. If the employee sues, then the claim of the employer automatically gets reduced by one-third for attorney fees. The amended statute exempts the State, political subdivisions and the Second Injury Fund from any such attorney fee reduction. Connecticut law seeks to ensure employee attorneys recover their fees from the employer once a case is filed. This bill failed for now as the legislative session ended.
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