Kentucky has some of the most comprehensive workers compensation laws in the US. If you are injured on the job while working in Kentucky or even out-of-state for a Kentucky employer, you are covered by Kentucky’s workers’ compensation laws. Kentucky workers compensation provides financial compensation for lost wages as well as provision for medical care to treat your injuries and recover from what has happened.
If your work injury was the result of someone other than your employer, you may also have the right to pursue a claim against that party for the pain and suffering you were forced to endure as a result of the injury as well as other financial damages that are not directly covered by Kentucky workers’ compensation.
If you are injured at work in Kentucky, there are four things you need to know:
With the exception of some injuries on farms, all Kentucky and Indiana employers are required to carry workers compensation and provide injured employees with medical and disability benefits. While some self-employed individuals, household employees and most volunteers are not covered, coverage does extend to volunteer firefighters, police workers as well as State, County and City workers.
There are separate federal statutes for federal employees.
Workers compensation benefits should provide compensation for all medical costs as well as disability payments toward the wages you lost due to missing work while recovering, as well as those you will be unable to earn in the future.
You are not required to pay for any of the related medical costs associated with a work-related injury. Your employer’s insurance company is responsible for the payment of all your medical care related to your work injury including visits to an E.R. or hospitalization, doctor appointments and medical procedures, physical and physical therapy as well as associated prescription drugs. These bills are paid directly by the agency or insurance company managing your case.
In addition, if you are not able to return to work you are entitled to disability benefits while you recover, and once you recover, you are entitled to additional benefits for your permanent injury and resulting physical limitations.
Kentucky workers compensation law covers all physical injuries as well as occupational diseases that are associated with your work. Some of the most common injuries are those to the neck, back, knees and shoulders when hurt when the symptoms begin with one single incident or accident., Others legally recognized injuries are those which develop over a period of time due to their repetitive job duties or overuse commonly referred to as cumulative injuries or conditions. Do NOT believe the company doctors who will tell you that its age related or usual for the type of work you do.
Occupational diseases are those that arise due to the “distinct nature” of the workplace. These often develop over time due to exposures at work and include examples such as “black lung disease” from coal mining, “mesothelioma” that results from asbestos exposure, and loss of hearing over a period of time if your doctor believes your hearing is due in part due to noise exposure in the workplace.
Kentucky allows for the reopening of a workers compensation claim. Even after a settlement or Award of benefits by a Judge, the Jennings Law Offices can petition to have your case reopened due to fraud, a worsening of your condition of employment or errors in your case.
The Occupational Safety and Health Administration (“OSHA”) recently estimated that workers compensation only covers about 21 percent of the lost wages and medical bills encountered by injured workers and their families.
Insurance companies try to deny part or all of your claim for any reason The less the insurance company pays out, the more the insurance company gets to keep for profits. While your employer is required to pay into the system or provide self-insured coverage, insurance companies are motivated by profit – not by your welfare and financial well being. The application must be completely and accurately filled out, and the medical descriptions must clearly support the benefits you wish to claim. The Jennings Law Offices provide free consultations on how to navigate the workers compensation system and the denial of your claim or medical treatment.
The Jennings Law Offices work to ensure all documentation is present and properly formatted, and that claim forms are submitted in a timely manner. The Kentucky Department of Workers Claims and private insurance companies are well aware of our reputation and legal skills. We have the reputation that we fight to protect the rights of our clients and that we will hold the insurance companies to the maximum benefits allowed under the workers compensation laws.
The Kentucky workers compensation attorneys at the Jennings Law Offices have decades of experience in successful workers compensation claims. Our Founder, Ched Jennings, formerly served as a Commissioner for the Kentucky Department of Workers’ Claims and has relationships with labor unions that will be an asset to your case. We work to ensure you receive the benefits you are entitled to under Kentucky workers compensation law while providing the support and resources you need and deserve.
We invite you to review the recommendations of our clients and contact the Jennings Law Offices or call (502) 583-3882 for a free consultation and case evaluation.