Kentuckians take pride in being self-reliant. It’s especially hard when you’re used to shouldering your own financial responsibilities and suddenly, an on-the-job injury leaves you disabled and without the means to pay your bills and take care of your family. Though you may want to handle this yourself, you probably need an attorney to help you to file the forms, and meet the deadlines for your workers’ compensation claim.
There’s always construction going on in Lexington, and the construction business accounts for many accidents. Construction workers are injured in falls, crushed by granite blocks, run over by big construction trucks backing up without being able to see where they are going. Heat stroke accounts for a lot of injuries during the summer months, especially for construction and agricultural workers. Though agricultural workers are not covered by Kentucky workers’ comp, if negligence on the part of your employer contributed to your injury, you need to talk to a personal injury lawyer.
Who Is Eligible for Workers’ Comp in Kentucky?
Kentucky workers’ compensation insurance is broad and covers most employees. Workers who are not covered in Kentucky are:
- Agricultural workers
- Domestic workers in households employing two or fewer part-time workers
- Those who work with charitable organizations in exchange for sustenance
- Federal workers
- Some religious organizations
- Voluntary carpools while traveling to and from work
- Voluntarily rejects coverage
- Voluntarily exempts self from coverage
Why Would I Need a Lawyer to Help Me File My Claim?
The workers’ comp claim process is complicated, with many forms that must be filled out correctly and submitted to the right office. You have to submit medical records and other documents to prove that you are injured and that your injury is work-related.
The first step is to notify your employer that you were injured and intend to file a workers’ compensation claim. Your employer may not like the prospect of paying higher insurance premiums because of your claim. Sometimes, your employer and the insurance company want to deny your claim. They may use whatever excuse they can find to avoid being liable, especially if you are facing surgery or a permanent disability. You may need somebody to help you document and prove your disability and that your injury is work-related.
What If My Workers’ Compensation Claim Was Denied?
Your denial letter will state the reason(s) your claim was denied, and how long you have to file an appeal. By now you may have figured out how difficult it is to get workers’ comp. The first step will be to attend a meeting with your employer or your employer’s insurance carrier to see if you can reach an agreement.
This would be a good time to call an experienced attorney for help filing your appeal. The appeals process is even more complicated than the original filing, and if you cannot reach an agreement at the meeting, you will have to attend a hearing before an administrative law judge who will expect you to know the rules of court whether or not you do have an attorney.
When Would I Need to File a Lawsuit?
Some employers don’t pay for workers’ compensation coverage although they are required to by law. You would need to file a lawsuit to recover medical expenses, lost wages, pain and suffering and even punitive damages (to punish wrongdoers). There are other limited circumstances, such as an employer’s unlawful behavior, which may necessitate filing a lawsuit.
In cases where you are injured by a defective tool, machine, safety device or another third party injury while working, you would file a lawsuit against the third party who is liable for your injury and file for workers’ compensation. An experienced workers’ compensation attorney would know what the best action would be in your unique circumstances.
Isaacs & Isaacs Workers’ Compensation Attorneys Are Here for You
No matter what your unique situation is, chances are the disability lawyers at Isaacs & Isaacs have helped somebody in a similar situation. We have been helping Kentucky workers who are injured on the job for decades. Our 99 percent success rate in recovering maximum compensation for our injured clients speaks for itself.
Darryl Isaacs, the head attorney of Isaacs & Isaacs, is a proud Kentucky native. He understands the kinds of issues people face who are injured on the job. His carefully chosen team of workers’ compensation attorneys are dedicated to finding the best resolution possible for each and every client we serve.
Let us help you to receive the benefits you will need to recover, and go forward with your life. Call us anytime at 800-800-8888 to speak with an experienced Lexington, Kentucky, workers’ compensation lawyer.