A woman who discovered her husband's crushed body while visiting him at work can't pursue a claim for bystander emotional distress because of the exclusive remedy provision of Connecticut's workers compensation law, the state Supreme Court has ruled.
Jenny Velecela's husband, Austin Irwin, worked for Branford, Connecticut-based ecological management firm All Habitat Services L.L.C., court records show. He was crushed to death on the job in July 2011 when the vehicle he was repairing slipped off a lift, according to records.
Ms. Velecela discovered Mr. Irwin's body beneath the vehicle when she arrived to bring him lunch.
Funeral expenses were covered under the employer's workers compensation insurance policy, and Ms. Velecela received $300,000 in benefits as a result of a June 2013 stipulation with All Habitat Services, records show.
Prior to entering into the agreement, Ms. Velecela filed a claim against her late husband's employer for negligent infliction of bystander emotional distress, saying she suffered “severe emotional injuries as a result of witnessing and discovering Irwin's body,” according to records.
All Habitat Services argued that her claim was barred by the exclusivity provision of the Connecticut Workers' Compensation Act, and the Superior Court in New Haven, Connecticut, agreed July 2014.
On appeal, the state Supreme Court unanimously affirmed the trial court's decision. The ruling, which will be officially released Aug. 9, states that bystander emotional distress “results from and arises out of the underlying personal injury or death. When that personal injury or death is one that is compensable under the (workers comp) act, an action in tort for negligent infliction of bystander emotional distress is barred by the exclusivity provision.”
In most states, exclusive remedy means workers injured on the job can receive benefits only through the workers comp system, though a liability lawsuit may be allowed in the case of gross employer negligence.
While opting out of traditional workers compensation in Texas can reduce costs for employers, more study is needed on how the nonsubscription system affects the welfare of injured workers, sources say.