Even if you don’t scare easily, an injury that leaves you unable to earn a living is one of the most frightening situations a person can face. You’re used to going to work, earning a paycheck and taking care of your financial responsibilities. Depending on how seriously you are injured, you may be looking at weeks, months or years of recovery. You may never be able to return to your former occupation. On top of everything else, you have to file for workers’ compensation, and the process is complicated. If you make a mistake in filing your claim, it could be denied.
Kentucky Workers’ Comp Insurance
In Kentucky, there are three kinds of workers’ compensation benefits, depending on the severity of your injury and your prognosis:
- Temporary Total Disability – TTD is available when you’ve been injured on the job and need time to recuperate before going back to work. Your doctor orders you to take off work until you recover.
- Permanent Partial Disability – PPD is available when you sustained a permanent partial disability from a job-related injury or illness. Your doctor will assign your injury a percentage rating, and your disability check will reflect the percentage you are disabled.
- Permanent Total Disability – PTD is available when you are permanently disabled from a work-related injury and unable to do any kind of work.
Why Do I Need a Workers’ Comp Attorney?
In 2011 a workplace accident at Carbide industries left two workers dead and two injured following an explosion. In that same year, a woman was killed at KBR Manufacturing when a granite block she was moving fell on her and pinned her down.
The first step in filing for workers’ comp is telling your employer that you have been injured and need to file. Your boss might not like it because your claim could make your employer’s workers’ comp insurance premiums go up. You are protected by law from employer retaliation for filing a workers’ comp claim. However, there are other ways your employer and the insurance company can fight your claim.
You will need proof that you are injured or ill and that your injury or illness happened on the job or because of the work you do. Some injuries fall into gray areas where your claim can go one way or the other. For instance, if your employer asked you to stop and pick up something at Office Supply while you are out on your lunch break, and you are injured while out getting lunch and running the work-related errand.
What Happens If My Workers’ Comp Claim is Denied?
If your claim is denied, you will receive a denial letter stating why your claim was denied and the deadline to file an appeal. The first step will be to attend a meeting with your employer or your employer’s insurance carrier. By this time, you may suspect that nobody wants to give you your money, especially if you’re facing permanent disability. It is recommended that you bring an attorney to this meeting, no matter what your employer or the insurance company tell you to discourage you from hiring a lawyer.
The workers’ comp process grows ever more complicated the further into it you have to go. If you cannot reach an agreement at the Benefits Review meeting, you will need to attend a hearing before an administrative law judge. Whether you have an attorney or not, you will be expected to know the proper procedure and abide by the rules of court.
Call Isaacs & Isaacs for Help
If you have been injured on the job in Kentucky, you should contact an experienced attorney right away, but we understand that folks want to handle their own problems. No matter what stage of the claim application process you find yourself in, you can call on us to assist you. Filing a workers’ compensation claim correctly is a job in itself. If you can’t work, you might not be up to filing a claim or appealing a denial of your claim either.
You have absolutely nothing to lose by contacting a lawyer who has extensive experience helping Kentuckians who have been injured on the job to receive the just compensation they deserve. The phone call and consultation are free of charge. You won’t owe us anything until and unless we get you your money!
Call Isaacs & Isaacs at 800-800-888 , or fill out our online form to speak with an experienced and dedicated workers’ compensation lawyer.