Sec. 31-284. Basic rights and liabilities. Civil action to enjoin noncomplying employer from entering into employment contracts. Notice of availability of compensation.
Sec. 31-284. Basic rights and liabilities. Civil action to enjoin noncomplying
employer from entering into employment contracts. Notice of availability of compensation. (a) An employer who complies with the requirements of subsection (b) of
this section shall not be liable for any action for damages on account of personal injury
sustained by an employee arising out of and in the course of his employment or on
account of death resulting from personal injury so sustained, but an employer shall
secure compensation for his employees as provided under this chapter, except that compensation shall not be paid when the personal injury has been caused by the wilful and
serious misconduct of the injured employee or by his intoxication. All rights and claims
between an employer who complies with the requirements of subsection (b) of this
section and employees, or any representatives or dependents of such employees, arising
out of personal injury or death sustained in the course of employment are abolished
other than rights and claims given by this chapter, provided nothing in this section
shall prohibit any employee from securing, by agreement with his employer, additional
compensation from his employer for the injury or from enforcing any agreement for
additional compensation.
(b) Each employer who does not furnish to the chairman of the Workers' Compensation Commission satisfactory proof of his solvency and financial ability to pay directly
to injured employees or other beneficiaries compensation provided by this chapter shall
insure his full liability under this chapter, other than his liability for assessments pursuant
to sections 31-345 and 31-354 in one of the following ways: (1) By filing with the
Insurance Commissioner in form acceptable to him security guaranteeing the performance of the obligations of this chapter by the employer; or (2) by insuring his full liability
under this part, exclusive of any liability resulting from the terms of section 31-284b,
in any stock or mutual companies or associations that are or may be authorized to take
such risks in this state; or (3) by any combination of the methods provided in subdivisions
(1) and (2) of this subsection as he may choose, subject to the approval of the Insurance
Commissioner. If the employer fails to comply with the requirements of this subsection,
an employee may bring an action against such employer for damages on account of
personal injury sustained by such employee arising out of and in the course of his employment or on account of death resulting from personal injury so sustained, except that
there shall be no liability under this section to an individual on the part of the employer
if such individual held himself out to the employer as an independent contractor and
the employer, in good faith, relied on that representation as well as other indicia of such
status and classified such individual as an independent contractor. In case of an alleged
noncompliance with the provisions of this subsection, a certificate of noncompliance
under oath, by the chairman of the Workers' Compensation Commission, shall constitute
prima facie evidence of noncompliance.
(c) Each employer who does not furnish to the chairman of the Workers' Compensation Commission satisfactory proof of his solvency and financial ability to pay directly
to the State Treasurer the assessments required in sections 31-345 and 31-354 shall
insure his full liability for the assessments in one of the following ways: (1) By filing
with the Insurance Commissioner in form acceptable to him security guaranteeing the
payment of the assessments by the employer; (2) by insuring his full liability for the
assessments in any stock or mutual companies or associations that are or may be authorized to take such risks in this state; or (3) by any combination of the methods provided
in subdivisions (1) and (2) of this subsection as he may choose, subject to the approval
of the Insurance Commissioner. The payment of the assessments required under sections
31-345 and 31-354 is a condition of doing business in this state and failure to pay the
assessments, when due, shall result in the denial of the privilege of doing business in
this state or to self-insure under subsections (b) and (c) of this section. If the liability
for the assessments is insured, the insurance shall be by endorsement to a policy meeting
all of the requirements of the Insurance Commissioner, or by a separate policy insuring
the liability for the assessments, and otherwise meeting all of the requirements of the
Insurance Commissioner. In the case of any employer who files acceptable security
guaranteeing the liability for the assessments, failure to pay the assessments, when due,
shall result in the denial of the privilege to self-insure under subsections (b) and (c) of
this section.
(d) Any employer to whom a certificate of self-insurance has been issued pursuant
to this section who fails or is unable to pay any compensation mandated by the provisions
of this chapter, thereby requiring payment from the Second Injury Fund pursuant to
section 31-355, shall be prohibited from self-insuring his liability under this chapter for
a period of ten years from the date of the payment. The employer shall be required during
the ten-year period to insure his full liability under this part, exclusive of any liability
resulting from the terms of section 31-284b, in any stock or mutual companies or associations that are or may be authorized to take such risks in this state. Failure to so insure
his liability shall result in the denial of the privilege of doing business in this state.
(e) Whenever an employer fails to comply with the requirements of subsection (b)
of this section, the Attorney General may bring a civil action in the superior court for
the judicial district of Hartford to enjoin the employer, until such time as he fully complies with such requirements, from entering into any contracts of employment as a result
of which he will employ additional employees.
(f) Each employer subject to the provisions of this chapter shall post, in a conspicuous place, a notice of the availability of compensation, in type of not less than ten-point
boldface. The notice shall contain, at a minimum, the information required by regulations
adopted pursuant to section 31-279.
(1949 Rev., S. 7417, 7418, 7419, 7453, 7461; 1949, S. 3038d, 3050d; 1958 Rev., S. 31-148, 31-149, 31-150, 31-180,
31-189; 1959, P.A. 580, S. 1-3, 15, 17, 20, 21; 1961, P.A. 491, S. 10; 1967, P.A. 842, S. 4; P.A. 77-614, S. 163, 610; P.A.
80-482, S. 202, 348; P.A. 82-398, S. 2; P.A. 85-184, S. 2; 85-189, S. 1; 85-349, S. 1; P.A. 86-165; 86-403, S. 64, 132; P.A.
88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 91-32, S. 7, 41; 91-339, S. 11, 55; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6;
P.A. 96-65, S. 1; 96-216, S. 2, 5.)
History: 1959 act increased fine from $100 to $250, required that fines be paid over to second injury and assurance
fund or its successor and replaced references to specific sections, parts, etc. with references to chapter; 1961 act entirely
replaced previous provisions; 1967 act added proviso protecting employee's right to secure additional benefits from employer in Subsec. (a); P.A. 77-614 placed insurance commissioner within the department of business regulation and made
insurance department a division within that same department, effective January 1, 1979; P.A. 80-482 reinstated insurance
division as an independent department with commissioner as its head following abolition of department of business regulation; P.A. 82-398 excluded liability resulting from terms of Sec. 31-284b in Subsec. (b)(2); P.A. 85-184 amended Subsec.
(b) to require that proof of solvency be filed by employers with the board of compensation commissioners, rather than
with an individual commissioner; P.A. 85-189 added Subsec. (c), which establishes the liability of employers for the
assessments required for the various funds under workers' compensation, and permits the purchasing of insurance for such
liabilities; P.A. 85-349 added Subsec. (d), which prohibits employers from self-insuring their workers' compensation
liability for 10 years if payment from the second injury fund has been required; P.A. 86-165 added Subsec. (e), empowering
the attorney general to bring a civil action to enjoin any employer who doesn't comply with the issuance requirements of
the section from entering into new employment contracts; P.A. 86-403 made technical change in Subsec. (c); P.A. 88-230
replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A.
90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 91-32 made technical
changes and added Subsec. (f) re notice of the availability of compensation; P.A. 91-339 changed "board of compensation
commissioners" to "chairman of the workers' compensation commission" and made technical changes; P.A. 93-142
changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A.
95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995;
P.A. 96-65 amended Subsec. (a) to exempt employers who comply with the requirements of Subsec. (b) from liability and
amended Subsec. (b) to allow an employee to bring an action against an employer who fails to comply with the subsection,
replacing provision imposing $1,000 fine; P.A. 96-216 amended Subsec. (b) to change the penalty for an employer from
a fine to the penalties in Subsecs. (c) and (d) of Sec. 31-288, effective June 4, 1996, but failed to take effect, P.A. 96-65
having deleted the penalty provision in its entirety.
Annotations to former statutes:
Former statute which applied to employers of five or more employees. "Serious and willful misconduct" defined. 98
C. 597. Does not include failure to take shelter during a blast; 93 C. 60; nor trying to jump on a moving truck; Id., 589;
nor going on a scaffold though subject to vertigo; 97 C. 55; nor driving auto 35 to 40 miles an hour; 98 C. 548; nor
disobedience of safety rules by an ignorant woman. Id., 600. Cited. 112 C. 462. Cited. 114 C. 130. Cited. 116 C. 96. Cited.
125 C. 297. Cited. 126 C. 275. Cited. 128 C. 611. Cited. 129 C. 534. Cited. 130 C. 259. Cited. 131 C. 157; Id., 246. Cited.
133 C. 308; Id., 644. The claimant will have sustained the burden of proof of five or more employees if it does not appear
that the condition exists upon which exemption for less than five rests. 125 C. 22. Number employed relates to group; not
number during period. 117 C. 496. When arises out of and in the course of employment. 109 C. 178; 122 C. 343; 127 C.
248; Id., 528; 132 C. 563; 133 C. 78. When injured after return to way necessary to go, even if there had been a prior
departure, entitled to compensation. 109 C. 378. When horseplay considered to arise out of employment. Id., 473. What
constitutes serious and willful misconduct. 124 C. 409. Burning while washing overalls of fellow employee considered to
arise out of the course of employment. 127 C. 248. Going to picnic, while being paid, injury arises out of employment.
110 C. 384. Drowning on route chosen by employee. 114 C. 519. Store manager killed by robbers while mailing employer's
report on way home. 115 C. 665. Permitted smoking in overtime. 112 C. 635; 132 C. 279. Employer contracts to furnish
transportation; injury occurring on way to place of employment arose out of employment. 125 C. 238. Arises out of
employment when using own car on employer's business. 118 C. 295; 132 C. 388. Injury on afternoon off not compensable.
128 C. 488. Arises out of when traveling salesman is injured while on highway. 111 C. 532. When does not arise out of
employment. Id., 365; Id., 655. When injured on highway does not arise out of employment unless it arises in course of
it. 123 C. 327. Accident while crossing railroad adjacent to employer's plant not always compensable. 122 C. 129. Arose
in course of, but did not arise out of. 130 C. 8. May arise before work begins or after it ceases. 125 C. 238. Sunstroke is
personal injury. Id., 380. Heat exhaustion must be special hazard. 113 C. 721. Cerebral thrombosis not chargeable to
employment. 123 C. 327. Coronary occlusion not caused by employment. 127 C. 717. Two back injuries; compensated
for first; returned to light work at full wages; injured again in employ of another; second employer liable. 123 C. 188.
Burden of proof on claimant. 130 C. 1. Willful misconduct. 118 C. 312. Walking beside truck as it proceeds up mountain.
Id. Worker in federal relief program not employee. 123 C. 504. Apportionment for aggravation not applicable to death
cases. 114 C. 389. Burden on respondent to show fact that he is only liable for aggravation. Id. Finding that head injury
causing death arose out of employment sustained. 139 C. 215. Cited. 141 C. 539. Cited. 143 C. 77.
Minor employed in violation of law is nonetheless an employee and as such is denied the right to obtain damages from
his employer; he may recover under the workmen's compensation act. 12 CS 304. Effect of intoxication of employee
discussed. 17 CS 246.
(1958 Rev., S. 31-148.) General consideration; when within act. 109 C. 178. Cited. 111 C. 236. Injured while traveling
on duty. 123 C. 327.
(1958 Rev., S. 31-149.) Cited. 111 C. 236. Injured compensation claimant may sue fellow employee responsible for
injuries. 115 C. 117. When one is not "casual". 122 C. 185. Exception of employer "having regularly less than five
employees" construed.
(1949 Rev., S. 7418.) 125 C. 22.
(1958 Rev., S. 31-150.) Proper method of pleading, in a civil action for damages, the fact that the plaintiff is covered
by the workmen's compensation act and therefore cannot sue at common law. 21 CS 240. This section is not a denial of
jurisdiction in the superior court, but is a destruction of an otherwise existent common-law right of action. Id.
(1958 Rev., S. 31-180.) Cited. 112 C. 468, 580. Cited. 113 C. 516. Cited. 116 C. 221. Cited. 122 C. 192. Cited. 125 C. 259.
(1958 Rev., S. 31-189.) In the original act an employer of less than five was under Part B. By failing to comply with
Sec. 31-180 he exposed himself to suit at law, but it did not take away from employee his right to claim compensation. 89
C. 168. Cited. 112 C. 468. Cited. 122 C. 192.
Annotations to present section:
An employee seeking workmen's compensation has burden of proving that he sustained an injury, not merely in the
course of his employment, but arising out of, that is, caused by his employment. 150 C. 328. Burden of proving injury
sustained in course of employment on claimant. 151 C. 430. Cited. 153 C. 410. Cited. 156 C. 280, 281. Persons employed
by board of education deemed town employees. 164 C. 65. Summary judgment for defendant employer sustained where
plaintiff employee, injured while parking his car in the employees parking lot by a fellow employee driving the employer's
truck, had claimed and been paid benefits pursuant to Workmen's Compensation Act. 167 C. 621. Cited. 169 C. 646. Cited.
175 C. 174. To be compensable, injury must, inter alia, occur while employee is reasonably fulfilling duties of employment
or engaged in activity incidental to it. Activity is incidental if regularly engaged in on employer's premises within period
of employment, with employer's approval and acquiescence. 176 C. 547. Cited. 178 C. 371. Cited. 179 C. 662. Cited. 183
C. 508. Cited. 185 C. 616. Cited. 189 C. 671; Id., 701. Court declined to extend an exception to the statute to include
injuries to employees resulting from "intentional" or "willful" or "reckless" violation by employees of safety standards
established pursuant to federal and state laws such as OSHA. 196 C. 91. Cited. 203 C. 34. Cited. 204 C. 104. Cited. 206
C. 495. Cited. 212 C. 138; Id., 427; Id., 814. Cited. 219 C. 439. Cited. 221 C. 465. Cited. 223 C. 336. Cited. 229 C. 99.
Cited. 237 C. 1. Cited. 238 C. 285. Cited. 242 C. 255. Maximum $10,000 penalty imposed on first-time offender who
failed to obtain workers' compensation insurance coverage for single employee within first two weeks of employee's
engagement deemed excessive. 244 C. 781. Purpose. 245 C. 66. Exculpatory agreements in the employment context violate
Connecticut public policy. 280 C. 494.
Cited. 3 CA 16; Id., 547. Cited 5 CA 193. By granting immunity to employees from loss of consortium suits statute
does not violate due process clause of federal or state constitutions. Id., 369. Cited. 7 CA 296. Cited. 10 CA 618. Cited.
15 CA 615. Cited. 16 CA 660. Bars receipt of uninsured motorist's benefits by plaintiff in receipt of workers' compensation
benefits from same circumstances. 19 CA 169. Cited. 24 CA 739. Cited. 25 CA 492; judgment reversed, see 222 C. 744.
Does not bar employee in receipt of compensation benefits from also obtaining uninsured or underinsured motorist benefits
reduced by compensation benefits paid or payable. Id., 651; judgment reversed, see 222 C. 769. Cited. 27 CA 800. Cited.
30 CA 630. Cited. 34 CA 521. Cited. 44 CA 1. Cited. 46 CA 346. Section, absent an exception, bars plaintiff from claiming
underinsured motorist coverage under his employer's policy despite fact that he is a named insured. 87 CA 416.
Cited. 27 CS 280. Action in negligence, against insurer of employer who has paid compensation to plaintiff employee
for failure of insurer to inspect dangerous machinery in shop, is precluded by merger of identities of employer and insurer
and policy of workmen's compensation acts. 28 CS 1. Cited. 30 CS 126. An employer cannot be sued as a joint tortfeasor
by a third party whom his employee is suing for negligence, absent a separate contractual relation with third party. 31 CS
322. The Workmen's Compensation Act is not a bar to indemnity where such a right can be predicated on some legal
relationship between the third party and employer giving rise to a duty on the part of the employer to the third party which
is either contractually or tortiously breached. 32 CS 96. Cited. 38 CS 359; Id., 607. Cited. 39 CS 408. Cited. 42 CS 168.
Subsec. (a):
Cited. 176 C. 320. Cited. 179 C. 215. Personal injuries are compensable under workers' compensation when incurred
while walking from employer-furnished transportation to employer-furnished lodging. Id., 501. Cited. 189 C. 550. Cited.
196 C. 529. Did not bar plaintiff administrator's wrongful death action where minor illegally hired in violation of public
policy. 203 C. 34. To the extent inconsistent overruled. 131 C. 157. Cited. Id., 324. Cited. 205 C. 219. Cited. 208 C. 589.
Cited. 209 C. 59. Cited. 218 C. 531. Cited. 220 C. 721. Cited. 221 C. 356. Construing uninsured motorist coverage as
"exception" to workers' compensation act is irreconcilable with language of section. Judgment of appellate court in Bouley
v. Norwich, 25 CA 492 reversed. 222 C. 744. Section bars work-related claim for uninsured motorist benefits under
insurance policy procured by employer including employer's personal automobile liability insurance. Judgment of appellate
court in CNA Ins. Co. v. Colman, 25 CA 651 reversed. Id., 769. Cited. Id., 775. Cited 223 C. 917. Cited. 226 C. 282; Id.,
404. Cited. 227 C. 333. Cited. 234 C. 51. Cited. 235 C. 790. Employee not barred from recovering uninsured motorist
coverage benefits against employer's insurer in regard to accident occurring prior to effective date of P.A. 93-297. 238 C.
285. P.A. 93-297 cited. Id. Cited. 240 C. 694. Limitation on remedies under tort law is appropriate trade-off for benefits
provided by workers' compensation. 252 C. 215. Tort actions for emotional injuries that are not compensable under the
act are not barred by exclusivity provisions of the act. 259 C. 729. Cause of action in tort against insurer for bad faith
processing of compensation claim barred by exclusivity provision of section, and remedies are limited to those afforded
under Secs. 31-288(b) and 31-300. 273 C. 487. Plaintiff's assertion that intentional tort exception to section was applicable
because defendant intentionally failed to correct several dangerous conditions which led to death of employee who was
struck and killed after being sent to cut grass under roller coaster failed because evidence was not sufficient to establish
intent to create an injury-causing situation. 277 C. 113.
Cited. 2 CA 363. Cited. 3 CA 40. Cited. 6 CA 60. Cited. 28 CA 660. Cited. 32 CA 16. Cited. 45 CA 324. Cited. 46 CA
699. Employee is barred from bringing negligence claim against employer. 52 CA 1. Court applied standard of "substantial
causative factor" to the affirmative defense of willful and serious misconduct, declining to apply a standard of "sole
proximate cause". 56 CA 215. Exception to exclusive remedy provision of subsec. did not apply where plaintiff's complaint
did not allege that city of New Haven intended to injure plaintiff or that the city directed or authorized city employee to
injure plaintiff. 92 CA 558. Defendants' ordering deceased employees to enter oxygen-deficient manhole without safety
equipment did not constitute willful misconduct because plaintiffs failed to establish substantial certainty of decedents'
deaths or that defendants knew of dangers of confined space entry. 100 CA 781.
Not a bar to an action for indemnification by a bailee against an employer where the action is based on breach of a
warranty of fitness under the bailment contract. 32 CS 210. Cited. Id., 213. Breach of an independent duty is sufficient to
overcome the defense based on the Workmen's Compensation Act. Id., 214. In absence of special relationship, workmen's
compensation is the exclusive remedy against an employer. 35 CS 268. Cited. 38 CS 324. Cited 39 CS 250.