If you’ve suffered a work-related injury, you may be entitled to Kentucky workers’ compensation benefits. You can call to discuss your situation with an experienced Isaacs & Isaacs Workers’ Compensation Lawyer at 800-800-8888. There are strict deadlines for filing workers’ comp claims and appeals, so do not put off seeking legal help. We are here to help you now.
A workplace accident can happen no matter where you work. You could be working as a stocker at the local Kroger’s or a clerk at the county courthouse or even be training for a job operating a forklift. If you are injured on-the-job, chances are that you will need an attorney to help you receive all of the workers’ compensation benefits that you’re entitled to. Isaacs & Isaacs experienced workers’ comp attorneys have helped many injured workers receive their workers’ compensation benefits.
Isaacs & Isaacs Can Help You to Win Your Claim!
If you are injured or ill, you probably do not feel up for the job of filing a workers’ comp claim. Our experienced attorneys can ease the process. We can help you to:
- File your claim correctly
- File an appeal if your claim was denied
- Gather necessary evidence to support your claim
- Be aware of all the benefits you may be entitled to
- Win your claim or appeal
- Receive the maximum benefits you are entitled to
Kentucky Workers’ Comp Laws
The process of filing your claim is complicated. First, you must seek medical attention immediately when you’ve been injured. If you have an illness or a condition which has developed with time on the job, you must substantiate the time frame of your condition if possible. If you do not do so, your employer or the insurer could dispute that your condition is a result of your current employment.
Once you know you are injured or ill and that your injury or illness is job-related, you have to report your injury or illness to your employer. Your employer will give you forms to fill out. You must fill out a First Report of Injury (FROI) and submit the form to your employer. There are other forms such as a medical waiver, wage statement and notice of designated physician.
Ideally, you should be able to file your own claim for workers’ compensation after you have been injured or have become ill. In reality, you will have a much better chance of being approved for workers’ comp if you seek legal help from the very beginning. Your claim could be denied because you made a mistake filling out the forms correctly or because you did not submit enough medical evidence. If you seek legal help from the beginning, your experienced Kentucky workers’ compensation attorney can help you to submit all the forms and medical evidence you need to substantiate your claim.
You must file your workers’ comp claim and all the correct forms with the Kentucky Department of Workers’ Claims. Once you file your claim, your employer and your employer’s insurance carrier can dispute the validity of your claim or parts of your claim. You may wonder why they would do such a thing. Insurance companies are not known for wanting to pay out claims. If your employer’s insurer has to pay a valid claim, your employer’s insurance premiums may go up.
Your employer or the insurance company could dispute that your injury is work-related. Either your employer or the insurance company could dispute that you are disabled and cannot perform your job. They could dispute that you acquired your medical condition on your job, saying that it is pre-existing. Your employer could say you were intoxicated or that your injury is self-inflicted.
There are many, many reasons why your employer or the insurance company could dispute your claim. They could both dispute your claim. And the sad fact is that if you suffer a serious injury that left you permanently disabled and will require extensive medical treatment, this alone could be enough to cause your employer and/or the insurance carrier to look for any excuse to dispute your claim.
What Can I Do If My Workers’ Comp Claim is Denied?
Once your initial filing is denied, the process grows more difficult and complicated. There are deadlines you must meet and proof you must have to substantiate your claim throughout the process. If you receive a denial letter, you have a strict deadline to file an appeal. At this point, you should get an attorney if you have not done so yet because the appeal process grows ever more difficult the further into the process your claim goes.
Once you file an appeal, a date will be set for a conference with your employer’s insurance carrier and an administrative law judge (ALJ). At the conference, you will be allowed to present medical evidence. If you cannot reach an agreement at the conference, a hearing date will be set.
The workers’ comp appeal hearing is a formal legal hearing, and you can and should have an attorney present. You will be allowed to submit evidence and call witnesses. You will be expected to abide by the rules of the hearing. You do have a right to represent yourself at the ALJ Hearing, but you probably have as much of a chance of success as you would if you chose to represent yourself in court.
If your claim is denied after the ALJ hearing, your chances of winning are narrowed the further you go into the appeals process. You can ask the ALJ to reconsider the denial. If you do so, you should submit more proof, and enumerate the reasons why you feel your claim should be approved.
Call Isaacs & Isaacs Workers’ Comp Attorneys for Help Now
We have workers’ compensation because working people who are injured by or on their jobs need to have a source of income to fall back on. They need help with medical bills. They need help meeting other financial responsibilities when they cannot work due to an injury or medical condition. Isaacs & Isaacs’ dedicated attorneys have been helping injured and ill Kentucky workers win their workers’ compensation benefits for decades. We have the experience and the skill to help you with the complicated process of filing and winning your claim or appeal.
Because there are strict deadlines for filing, we are available all the time in legal emergencies. Do not procrastinate! Call us now at 800-800-888, or fill out our online form for a free claim evaluation and consultation with a dedicated and aggressive Isaacs & Isaacs workers’ compensation lawyer.