Being hurt on the job can be a stressful and overwhelming experience. Not only are you dealing with physical pain and the recovery process, but you may also be facing financial hardships due to lost income and mounting medical bills. That’s why it’s crucial to understand your rights and options when it comes to workers’ compensation.

In this comprehensive guide, we’ll cover everything you need to know about workers’ compensation, from filing a claim to hiring work injury lawyers.

Why You Need a Workers’ Compensation Lawyer

Work injuries can occur at any time, and range from minor injuries such as a paper cut to severe such as surgical back injuries, broken bones or concussions.

A work-related injury not only causes physical damage, it can also cause you to miss extended periods of work while you recover, or go through rehabilitation, and, in some cases, can even end your career.

Additionally, medical bills from a work-related injury at a prior job can quickly pile up.

If you’ve suffered a work injury, it’s essential to provide proper notice to your employer, correctly fill out your workers’ comp claim and then a work injury lawyer can help. Below, we’ll walk you some of the common questions you may have for your work injury lawyer after a work-related injury.

What Is Workers’ Compensation?

Workers’ compensation is a form of insurance that provides benefits to employees who suffer job-related injuries or illnesses. It is a no-fault system, meaning that a worker does not have to prove that his or her employer was negligent to receive benefits. Instead, the focus is on providing treatment and partial wage replacement to help injured workers recover and return to work regardless of “who’s fault” the work-related injury may be.

Workers’ compensation benefits for a worker’s injury typically include coverage for:

• Medical bills and expenses
• Lost wages
• Permanent disability
• Vocational rehabilitation

It’s important to note that workers’ compensation is a state-regulated system, and the laws and regulations of the Health Administration vary from state to state.

If you have been injured on the job, contact Rhoads & Rhoads Law Firm by calling 888-709-9329 or contact us by e-mail.

How to File a Workers’ Comp Claim

A workers’ compensation claim is the type of claim that is filled out after you suffer a work injury.

These claims are used to process claims against insurance, or other types of compensation.

Typical steps for filing them include:

• First, notify your employer. This is typically done by notifying your direct superior.
• Seek appropriate medical attention and tell the medical professional how you got hurt. This is important, both so you are accurately assessed and so that it is formally written into your medical report.
• If a medical professional states that you need to stay home from work, ask them to write a note or “off-work” slip for that purpose.
• Check that your employer receives this medical note.
• Talk to your attorney about filling out and filing your claim. They will be able to guide you through the process step-by-step.

When filing a claim, be sure to provide detailed information about the incident, including:

• The date, time, and location of the injury
• A description of how the injury occurred
• The names of any witnesses
• The nature and extent of your injuries

What Should You Do If You Are Injured on the Job in Kentucky?

If you have a work injury, you should see a doctor. No matter how minor an injury seems, it’s important to have the injury documented.

In some cases, injuries may worsen over time, especially if left untreated, and this early documentation will help support any future workers’ comp claim that you need to make. Additionally, early documentation can also prove the length of an injury if this injury unfortunately becomes a permanent ailment.

You should also report your injury, in writing, to your employer. This should be a clear and direct statement of what occurred and any other medical expenses or assessments that have already been made following your work-related injuries. For example, if you fell and broke an arm, you might write: “On May 22nd, at 3:15 PM, during my shift, I fell from a ladder. I landed on my right arm and was taken to the emergency room. After an x-ray, the doctor concluded I fractured my arm.”

By Kentucky’s compensation law, injured workers are required to report any workplace accidents or injuries. Failure to report your injury immediately, in writing, could result in delay or dismissal of your claim being processed.

After you have seen a doctor, and submitted your work-related injury documentation to your employer, your next step is to submit your workers’ comp claim. This claim is how you will receive workers’ compensation benefits and is usually settled through an insurance company. Typically, help from a workplace injury lawyer is beneficial as the process of filing a claim can be complex.

In Kentucky, it is the Application for Resolution of Injury Claim that should be filled out by your injury lawyer and sent to the Department of Workers Claims.

Types of Workers’ Compensation Benefits

Workers’ comp benefits can vary, but usually contain three major areas of coverage:

• Medical bills and expenses such as doctor visits, surgeries, and diagnostic services
• Payment for any lost wages and future indemnity benefits (usually this is at two-thirds of a worker’s normal weekly wage)
• Return-to-work services

There may be additional workers’ comp benefits as well, which can include aspects such as:

• The injured employee having a choice for their doctor
• Reimbursement for medically necessary care such as travel to hospitals or physical therapy clinics, prescriptions, and needed medical devices
• Death claims, in cases where a family member has died from a workplace accident and a loved one is making the claim

The majority of workers’ comp claims are settled via lump-sum payments, but in some cases may involve a number of payments.

How Long Do You Have to File a Workers’ Comp Claim in Kentucky?

While you should always file a claim as soon as possible, there is a period of time when you will be able to do so. In the state of Kentucky, you generally have 2 years from the date of the serious work injury in order to file your workers’ compensation claim with an injury lawyer. However, this time may be extended if temporary total disability (“TTD”) benefits are being or have been paid.

Common Causes of Work Injuries

There are a million ways to be injured at work, especially depending on the type of work that you do, but there are some ways that are much more common than others.

These are:

• Car or truck accidents while in a company vehicle
• OSHA safety protocols not being followed, resulting in workplace injuries
• Inadequate or limited worker training that leads to an accident when operating machinery, or otherwise performing job duties
• Defective equipment malfunctioning
• Electrocution or electric shocks
• Being exposed to toxic chemicals
• Slip and fall workplace injuries
• Falling objects
• Lack of safety equipment or defective safety equipment
• Workers who are not qualified for the type of work duty they are given
• Lack of maintenance or inspections leading to workflow or machinery malfunctions
• Plant explosions

Common Types of Work Injuries

While there are many ways to injure oneself on the job, according to labor statistics, there are also many types of work-related injuries or workplace accidents that might occur.

Some common workplace injuries include:

• Bruised, broken, or crushed bones
• Eye injuries
• Loss of digits, such as fingers, or loss of limbs
• Burns
• Cuts and scrapes
• Head injuries, including traumatic brain damage
• Spinal cord injuries, which are a leading cause of disability
• Neck and back injuries
• Carpal tunnel syndrome
• Diseases caused by exposure to chemicals or machine/work line processes
• Death

Hiring a Workers’ Compensation Attorney

While it is possible to file a workers’ compensation claim on your own, hiring workplace injury lawyers can significantly increase your chances of receiving the benefits you deserve.

A skilled attorney can help you navigate the complex legal process, gather necessary evidence, and advocate on your behalf.

Here are some situations where hiring an attorney is highly recommended:

• Your claim has been denied: If your workers’ comp claim has been denied, an attorney can help you appeal the decision and present a strong case for why you should receive benefits.
• Your employer disputes your claim: If your employer is disputing the validity of your work injury claim or the extent of your injuries, an attorney can help gather evidence and negotiate on your behalf.
• Your injuries are severe or permanent: If you have serious injuries, permanent disability, or even a wrongful death, an attorney can help you receive the appropriate level of benefits and compensation.
• You’re offered a settlement: If the insurance company offers you a settlement, an attorney can review the offer and advise you on whether it’s fair and adequate.
• The legal process is complex: Workers’ compensation laws can be complex and vary from state to state. A workers’ compensation lawyer can help you understand your legal rights and handle your work-related claim properly.

If you have been injured while you were on the job, contact Rhoads & Rhoads Law Firm by calling 888-709-9329 or contact us by e-mail.

Benefits of Hiring a Workers’ Compensation Attorney

Hiring an injury lawyer can provide numerous benefits, including:

1. Maximizing your compensation: A skilled attorney will work to fight for the maximum compensation you’re entitled to, including coverage for medical expenses, lost income, and any permanent injuries or vocational rehabilitation.
2. Navigating the le gal process: Workers’ compensation laws and regulations can be complex and confusing. A workplace injury lawyer will guide you through the legal process, seeing that all deadlines are met and that your rights are protected.
3. Gathering evidence: Your attorney will gather and present evidence to support your claim, including medical records, witness statements, and documentation of your injuries and lost income.
4. Negotiating with insurance companies: Insurance companies are often more willing to negotiate and offer fair settlements when an injured worker is represented by an attorney who is familiar with workers’ comp laws and procedures.
5. Appealing denied claims: If your workers’ compensation claim is denied, an attorney can help you file an appeal and present a strong case for why you should receive benefits.
6. Protecting your rights: An attorney will see that your rights are protected throughout the workers’ compensation process, including your right to seek medical treatment, receive wage replacement benefits, and pursue additional legal action if necessary.

Workers’ Compensation and Third-Party Claims

In some cases, an injured worker may be able to pursue additional legal action beyond a workers’ comp claim. This is known as a third-party claim, and it typically arises when the workplace injury was caused by a third party, such as a contractor, vendor, or manufacturer of defective equipment.

Third-party claims are separate from workers’ compensation claims and can provide additional compensation for damages such as pain and suffering, lost future earnings, and other non-economic losses. These personal injury claims are typically filed as civil lawsuits against the responsible third party (other than the employer).

It’s important to note that the laws surrounding third-party claims can be complex, and it’s advisable to consult with an experienced personal injury attorney who can evaluate your workers’ compensation case and potential civil (third party) case to advise you on the best course of action.

Protecting Your Rights as an Injured Worker

As an injured worker, it’s essential to understand and protect your rights throughout the workers’ compensation process.

Some key rights include:

1. The right to pursue medical treatment from a provider of your choice
2. The right to receive wage replacement benefits (typically two-thirds of your average weekly wage)
3. The right to appeal a denied injured employee’s claim or dispute the amount of benefits awarded
4. The right to be free from retaliation or discrimination for filing a workers’ comp claim

It’s also important to remember that you have the right to consult with an attorney at any point during the workers’ compensation process. An experienced attorney can help protect your rights and fight for the benefits and compensation you deserve.

Occupational Safety and Prevention

While workers’ compensation can provide valuable benefits to injured workers, it’s important to emphasize the importance of occupational safety and work-related injury prevention.

Employers, including construction companies, have a responsibility to provide a safe working environment and to comply with all applicable safety regulations and guidelines.

Some common workplace safety measures include:

• Proper training and education for employees
• Implementing safety protocols and procedures
• Providing appropriate personal protective equipment (PPE)
• Conducting regular safety inspections and audits
• Addressing and correcting any identified hazards or safety concerns

By prioritizing workplace safety, employers can help reduce the risk of workplace injuries and create a safer, more productive work environment for their employees.

Seeking Additional Legal Assistance

In some cases, an injured worker may need to seek additional legal assistance beyond a personal injury claim.

This can include:

• Social Security Disability benefits: If your workplace injury has resulted in a long-term or permanent disability, you may be eligible for Social Security Disability benefits. An attorney can help you navigate the application process and appeal any denials.
• Personal Injury lawsuit: As mentioned earlier, if your workplace injury was caused by a third party’s negligence, you may be able to pursue a work injury lawsuit to recover additional damages beyond workers’ compensation benefits.
• Wrongful termination or discrimination claims: If you believe you have been wrongfully terminated, demoted, or discriminated against for filing a workers’ compensation claim, you may have grounds for a separate legal claim against your employer.

It’s important to consult with an experienced attorney who can evaluate your specific situation and advise you on the best legal strategies to pursue.

Contact Rhoads & Rhoads Hurt on the Job Attorneys

A work injury can be a challenging and stressful experience, but understanding your rights and options can help you navigate the workers’ compensation process more effectively. By hiring an experienced lawyer, you can increase your chances of receiving the benefits and compensation you deserve, while also protecting your legal rights as an injured worker.

Remember, the workers’ compensation system is designed to provide medical treatment, wage replacement, and other benefits to help you recover and return to work.

If you or a loved one has been injured on the job, don’t hesitate to seek legal assistance from workplace injury lawyers and explore all available options for securing the support and compensation you need.

If you’ve been hurt in a workplace injury, you are entitled to workers compensation benefits. Consulting with workplace injury lawyers is often the best move you can make to see that you are given the fair settlement to which you are entitled.

Whether dealing with an insurance company, or your injury claim is taken before a workers’ comp hearing, workplace injury attorneys will be able to help you navigate the complex process to pursue compensation, and let your voice be heard through the attorney-client relationship.

At Rhoads & Rhoads Law Firm, we are workers’ compensation lawyers with years of experience with a personal injury lawsuit, injuries from a car accident, wrongful death claims, and much more. Leveraging 50 years of legal experience in Western Kentucky, we provide knowledgeable counsel. We will fight for your rights to a fair settlement, and see that your work injury does not go without the compensation that you are entitled to.

We can help you file your workers’ compensation claim, record your workplace injury accurately, and help you document medical expenses, lost wages, and other medical care bills that should be covered under your workers’ compensation benefits. We offer free consultations, and cases are all taken on a contingency fee basis. This means that money is only owed if we win or settle your personal injury case. No money is owed upfront.

As lifelong members of Western Kentucky, we advocate for the well-being of our entire community. Call our law firm of workplace injury attorneys at 888-709-9329 or contact us by e-mail to schedule a free consultation with a workplace injury lawyer.