Workers’ Comp
If you’ve been seriously injured, you need an aggressive, experienced workers’ comp lawyer.
Many employees trust their employers to take care of them when they get hurt on the job. These injured workers are often surprised when their employer’s insurance company challenges or denies their right to medical treatment and income benefits. The insurance company will fight to reduce the value of the benefits and medical treatment you are entitled to receive through the workers’ comp system. That is why having an aggressive workers’ comp lawyer on your side is so important.
The insurance company is not on your side, but we are. Our job is to protect your rights and to ensure that you receive the full amount of benefits that you deserve under Kentucky law, including:
Medical treatment,
Temporary income benefits to compensate for lost wages,
Permanent income benefits to compensate for long-term physical impairment, and
Vocational rehabilitation benefits.
If you have been hurt on the job in Kentucky, contact us today. It is important that you understand your rights under the Kentucky workers’ compensation laws early in the process, so do not wait. We are workers’ comp lawyers and are always happy to explain your rights and answer any questions you have. If you decide to hire us, we work on a contingency fee – we do not charge a penny unless we recover money for you.
FAQs
Why do I need to file a claim?
The only way to get the full amount of income benefits you are entitled to is to file a claim with the Kentucky Department of Workers’ Claims. If you are not familiar with Kentucky’s workers’ comp laws and regulations, this is a very confusing and overwhelming process. Don’t try to go it alone, an experienced workers’ comp attorney can help.
Can I sue my employer?
If you have been injured in the course of your employment, the answer to this question is almost always “no.” In Kentucky, workers’ compensation is considered the “exclusive remedy” for injured workers. This means that in exchange for the protection that workers’ compensation coverage offers, employees surrender their right to sue employers in civil court for damages arising from workplace injuries.
Can my employer’s insurance carrier deny my medical treatment?
Under Kentucky law, all medical treatment reasonably necessary for the treatment of the work injury is covered by your employer’s insurance company. The insurance company shouldn’t deny reasonable medical treatment for an injured worker, but the reality is that your medical treatment is expensive and they will get out of paying for it if they possibly can, even if the treatment is recommended by your physician.
If you have been injured on the job and the insurance company is trying to deny you the medical treatment you need, you should speak to an experienced Kentucky workers’ comp attorney right away to discuss your options.
What if my employer fires me or discriminates against me?
It is illegal for an employer to fire you or retaliate against you for filing a workers’ compensation claim. If your employer does fire you or otherwise retaliates against you after you file a claim, we can help you file a lawsuit against the employer for damages in Kentucky state court. Kentucky law provides substantial remedies for workers in this unfortunate situation.
What if the accident was my fault?
Under Kentucky workers’ compensation law, you are entitled to benefits even if the accident was caused by your own fault. Workers’ comp lawyer David. A. Schulenberg can guide you through the process. If you were injured in the course of your employment in Kentucky, you are most likely covered by workers’ compensation, regardless of who is at fault for the accident.
What if the accident was someone else’s fault?
If the accident was caused or contributed to by your employer’s negligence or by a safety violation attributable to your employer (such as an OSHA violation), then you may be entitled to additional compensation under the Kentucky workers’ compensation statutes; however, you will usually not be able to sue your employer in state court for such negligence.
On the other hand, if the accident was caused by the negligence of a third party, such as by an employee of another company or by defective equipment, then you may be able to file a lawsuit against those third parties. If you have questions about this, please call us to discuss the specifics of your case.
What rights do I have under Kentucky workers compensation laws?
As an injured employee in Kentucky, you have a right to:
Know the identity of the workers’ compensation insurance carrier and the claim representative.
Receive a courteous and reasonably prompt response from the carrier upon communication regarding a claim.
Receive temporary income benefits while recuperating from a work-related injury.
Receive all necessary medical treatment for occupational injury or disease, without making a co-payment.
Select a physician to treat a work-related injury or illness without interference from your employer. (But if the employer participates in an authorized managed care program, the choice must be from a physician who participates in the plan.)
Change the treating physician one time with no questions asked.
Receive a card, which identifies the designated physician, employer and carrier.
Be reimbursed for expenses paid in the process of receiving medical treatment, including travel expenses if the request is made in a timely manner.
Receive retraining if unable to return to suitable work.
File a claim for permanent disability benefits within two years of the injury or the termination of temporary income benefits, whichever is later.
What are my responsibilities if I have a work injury in Kentucky?
As an injured employee, you have both rights and responsibilities under the law. The two most urgent responsibilities you have after an accident are:
Immediately notify your supervisor of the accident, injury and/or occupational disease; and
Obtain necessary medical treatment as soon as possible.
Again, the Kentucky workers’ compensation system is complicated and confusing for most people. If you have been injured on the job, it is important to contact an experienced attorney right away to discuss the specifics of your case and to make sure you take the appropriate steps to preserve your rights.