Recently, one man was injured and another died in a workplace accident at the National Guard Center when a boom lift collapsed. Both men were civilian construction workers. Another worker was crushed to death recently when a semitrailer he was working on fell on top of him. Workplace accidents happen frequently, though a report by the Kentucky Labor Cabinet which was issued in November last year said Kentucky workplace injuries and illnesses are at an all-time low. The report said that 3.8 of 100 full-time workers reported a workplace illness or injury. That’s almost one in 25 workers.
Isaacs & Isaacs workers’ compensation attorneys have decades of experience helping injured workers file and appeal for workers’ compensation benefits with the Department of Workers’ Claims. We know how difficult it can be to be fairly compensated when you’re injured on the job. It would be challenging for a healthy person with no experience in Kentucky workers’ comp law to successfully complete the claims process, but for somebody who is too sick to work, it can be overwhelming. There are deadlines to meet, forms to fill out and numerous actions to take, and a mistake could cost you your benefits.
The first thing you must do if you’re injured on-the-job or become ill from the work you do is to report your injury or illness to your employer. Be sure to see a doctor, and follow the doctor’s orders.
Your employer is responsible for completing a First Report of Injury Form and submitting it to the DWC. The DWC will send you additional forms to complete, regarding your work history, your injury and your medical history. An experienced workers’ comp lawyer could help you to successfully complete the forms. After you complete these additional forms, you submit them to your employer who submits them to the DWC. Once the DWC receives your claim application, they will assign you an administrative law judge.
You Will Be Required to Submit Additional Proof of Your Injury
The ALJ will send you guidelines and a deadline to submit additional proof. Here is where your employer or the insurance company could submit a denial of specific issues regarding your claim. After all the paperwork is in, all parties will attend an informal hearing to attempt to reach an agreement about your claim. If no agreement is reached, a hearing will be scheduled within two weeks. Be assured that your employer and/or the insurance company will have legal representation if they are disputing your claim.
Once the ALJ reaches a decision regarding your workers’ comp claim status, both you, your employer and the insurance company can appeal the ALJ decision. Yes, even if you win your claim, your employer and the insurance carrier have the same right to appeal a decision they don’t agree with that you do. We cannot urge you strongly enough to enlist the help of an attorney with experience in winning claims for injured employees.
Who Is Not Entitled to Workers’ Comp in Kentucky?
In Kentucky, the following workers are not entitled to workers compensation:
- Agricultural farm workers
- Domestic part-time employees in households of two or fewer workers
- Workers who work for charitable organizations in exchange for sustenance
- Federal workers (covered under federal workers’ comp)
- Some religious organizations where state sponsored help is against their religion
- Voluntary carpools for accidents while traveling to and from work
- Worker voluntarily rejects coverage
- Worker voluntarily exempts self from coverage
If you are not covered by workers’ compensation, you do have legal recourse if you’re injured on the job. Isaacs & Isaacs personal injury attorneys will be glad to give you a case evaluation free of charge.
What Benefits Are Kentucky Workers Eligible For?
Kentucky workers’ compensation benefits include:
- Temporary Total Disability if you are unable to work for at least seven days due to a work-related injury or illness
- Permanent Partial Disability if you are unable to do the same work due to a level of total disability and you’ve reached maximum medical improvement as diagnosed by your doctor, your doctor will then assign you a percentage of permanent disability
- Permanent Total Disability if you are so severely injured that you’re unable to do any kind of work for the rest of your life
Black Lung Benefits for miners who contract pneumoconiosis are awarded according to several factors, including x-ray results, the age of the miner and the severity of the condition. You may be eligible for vocational rehab to train for another kind of work.
You may be able to collect workers’ comp and also file a third-party lawsuit if your condition is a result of faulty safety equipment, such as protective gear to keep you from breathing in the coal particles, which did not work. You should consult a workers’ comp law firm to explore your options.
Death Benefits if an injured worker dies within four years of being injured from a work-related injury, the estate will receive a settlement; the amount is adjusted annually to reflect cost-of-living. The surviving spouse/some dependants may also collect weekly payments.
Training for Other Work if you cannot return to your former work because you are permanently partially disabled. The insurance could cover your training costs, and you would continue to receive benefit payments until your training is completed, then continue to get PPD payments to compensate you for your disability.
Isaacs & Isaacs Workers’ Compensation Law Firm Is on Your Side
Our disability attorneys know Kentucky Workers’ Compensation law thoroughly, and we are well aware of the tactics that employers and their insurance carriers sometimes use to reduce or deny claims. We respect working people, and we want to make sure you obtain all the benefits you are entitled to by law.
If a third party is also liable for faulty safety equipment or a hazardous condition on your job site, we will file a lawsuit to get your maximum compensation from all liable parties in addition to helping you win your workers’ compensation claim. We will represent you on a contingency fee basis and bear the cost of investigation and litigation if it comes to that.
You Have Nothing to Lose and Everything to Gain by Seeking Legal Advice
If we don’t win your claim, we don’t get paid. When your workplace injury is keeping you from earning a living, you have too much at stake to attempt to represent yourself throughout the complicated workers’ compensation claims process. We will be most happy to help you obtain the fair and just compensation you are entitled to for your injury. We are grateful to the workers who help our beautiful state to prosper, and we want to have your back when you get hurt on the job.
Do not put off contacting an experienced attorney. There are deadlines throughout the complicated claim process, and if you miss an important deadline, it could bar you from recovering just compensation for your injury. We are on call 24/ 7 at 800-800-8888, or fill out our online form for a no-obligation consultation and claim evaluation with an experienced, aggressive Isaacs & Isaacs workers’ compensation attorney.