Workplace Injuries | Know Your Rights
Lawyers for Employees Hurt On the Job
To someone unfamiliar with the Kentucky Workers’ Compensation system, it can seem like a confusing maze of insurance rules and regulations.
Part of this is that it’s in your employer’s workers’ compensation carrier’s best interest to reduce the amount spent on a claim.
If you choose to face the system alone, you may not get the full benefits you deserve, as the employer’s insurance company is not obligated to act in your best interests.
Understanding Workers’ Compensation in Louisville
What is Workers’ Compensation?
Workers’ compensation is a state-regulated insurance program that provides medical and income benefits to employees who sustain work-related injuries or illnesses.
In Louisville, workers’ compensation is designed to help injured workers recover from their injuries and return to work as soon as possible.
The program is mandatory for most employers in Kentucky, and it provides a safety net for injured employees.
This system ensures that injured workers receive the necessary medical treatment and financial support without needing to prove fault or negligence.
How Does Workers’ Comp Work in Louisville?
In Louisville, workers’ compensation benefits injured workers who cannot work due to work-related injuries or illnesses.
The benefits include medical expenses, lost wages, and rehabilitation costs.
To be eligible for workers’ compensation, an employee must be injured while performing their job duties and must report the injury to the employer within a specific timeframe.
The employer’s insurance company will then review the claim and determine the benefits the injured worker is entitled to.
This process involves submitting detailed medical records and other evidence to support the claim, ensuring the injured worker receives the appropriate compensation for their medical expenses and lost income.
How a Lawyer Assists in a Workers’ Compensation Claim
Our team of lawyers can play a diverse role in assisting you in your Louisville workers’ compensation claim, including:
Navigating the Claims Process:
Workers’ compensation systems can be complex and confusing. Our lawyers help our clients understand the process, timelines, and requirements, ensuring all necessary steps are taken and forms are correctly filled out and submitted on time.
Gathering and Presenting Evidence:
The quality and comprehensiveness of the evidence presented often depend on a successful claim. We will take the lead in gathering medical records, expert testimony, evidence of the workplace conditions that led to the injury, and documentation of the injury’s impact on the client’s ability to work.
Representing in Disputes:
If your employer or insurance company denies or disputes a claim, we will represent you in hearings or appeals, advocating on your behalf. We can prepare and present arguments, cross-examine witnesses, and work to overturn unjust decisions.
Maximizing Benefits:
Our lawyers have significant experience evaluating the full extent of our clients’ entitlements, including medical treatment, temporary or permanent disability benefits, and rehabilitation support. We will work to ensure you receive the maximum benefits allowable under the law.
Preventing Retaliation:
In some cases, employees may fear or face retaliation from employers for filing a claim. We are ready to protect against such actions.
Perhaps one of the most significant benefits of having a lawyer is the peace of mind it brings. An experienced workers’ compensation attorney can ensure that all eligible expenses are accounted for and that the settlement adequately compensates injured workers for their current and future needs. Trust our experienced Louisville workers’ compensation lawyers to handle your claim so you can focus on recovery and sleep well, knowing your case is in good hands.
Common Causes Of Injuries At Work
Work-related injuries can arise from various sources, each requiring a thorough understanding and navigation of workers’ compensation laws to ensure the affected parties receive the support and compensation they deserve. Some of the most common causes include:
Slip, Trip, and Fall Injuries
Slip, trip, and fall injuries are among the most common workplace accidents, often resulting from wet floors, uneven surfaces, cluttered walkways, or inadequate lighting.
For example, an injured employee might slip on a freshly mopped floor without proper signage or trip over an obstacle that’s not immediately visible.
These incidents can lead to a range of injuries from minor bruises to serious fractures or even traumatic brain injuries.
Overexertion and Repetitive Stress Injuries
These injuries are caused by lifting, pushing, pulling, holding, carrying, or throwing. Repetitive stress injuries result from overuse of a particular part of the body, often due to repetitive motion tasks.
Overexertion injuries can occur in any job requiring physical labor, leading to muscle strains, back injuries, and hernias.
Repetitive stress injuries, like carpal tunnel syndrome, develop over time and are common in office environments where workers perform repetitive tasks.
Machinery and Equipment Accidents
Working with heavy machinery and equipment without proper training or safeguards can lead to severe accidents.
Lack of maintenance and failure to use protective guards are significant causes.
Employees can suffer from cuts, lacerations, amputations, or crush injuries if they’re caught in or struck by moving parts of machinery.
Equipment rolling over or malfunctioning can also cause catastrophic incidents.
Employers or their insurance companies are responsible for covering medical bills for injured employees.
Falls from Height
Falls from height occur in work environments where employees are required to work from ladders, scaffolding, roofs, or any elevated workspace without adequate fall protection.
Without proper safety measures, workers can lose their balance and fall, leading to serious injuries or fatalities.
Unstable working surfaces, a lack of or failure to use safety equipment, and human error are factors contributing to these accidents.
Vehicle-Related Incidents
Vehicle-related incidents can happen both inside and outside the physical workplace.
They include accidents involving company vehicles, forklifts, or employees being struck by moving vehicles.
These incidents often occur due to poor driving practices, lack of training, and failure to observe safety regulations.
They can result in a wide range of injuries, from minor cuts and bruises to fatalities.
Understanding these common causes of work-related injuries emphasizes the importance of workplace safety measures, the need for comprehensive training, and the need for adherence to safety protocols.
Industries with High Risk of Work Injuries
Construction Industry
The construction industry is one of the most hazardous industries in Louisville, and there is a high risk of work-related injuries and illnesses.
Construction workers are exposed to various hazards, including falls from heights, electrocution, and injuries from heavy machinery.
According to the Bureau of Labor Statistics, the construction industry has one of the highest rates of work-related injuries and illnesses in the United States.
In Louisville, construction workers injured on the job may be eligible for workers’ compensation benefits, including medical expenses, lost wages, and rehabilitation costs.
These benefits are crucial in helping injured employees recover and return to work, ensuring they are not left to bear the financial burden of their injuries alone.
Coverage and Eligibility Under Louisville Workers’ Compensation Laws
Under Kentucky workers’ compensation laws, Louisville employees are entitled to guaranteed coverage of medical benefits and compensation for lost wages for those injured or become ill as a direct result of their work.
Employers must carry workers’ compensation insurance to ensure these benefits are provided.
The requirements for employers include:
All Employer Requirements:
According to KRS 342.340, all employers operating in Kentucky with one or more employees must maintain workers’ compensation insurance. This mandate applies to a wide range of employees, including full-time, part-time, temporary, and seasonal workers.
Immediate Coverage Provision:
KRS 342.630 provides that employees are entitled to workers’ compensation coverage from their first day of employment. This immediate coverage is crucial for protecting workers from the outset of their employment and offering prompt support in the event of a work-related injury or illness.
Occupational Diseases Coverage:
The coverage of occupational diseases is addressed explicitly in KRS 342.0011, 342.800, and 342.835.
The law extends workers’ compensation benefits to include illnesses and diseases that arise directly from the employment environment or job duties.
This includes conditions developed over time due to workplace exposure to hazardous substances or stressful physical activities.
What Workers’ Compensation Benefits Are Someone Entitled to After an Injury at Work?
Workers’ compensation benefits include three types of benefits in a workers’ compensation claim: income, medical, and vocational rehabilitation. Most injured workers who qualify for workers’ compensation coverage use income and medical benefits.
Income Benefits:
There are two types of income benefits: TTD (temporary total disability) and PPD (permanent partial disability). Both benefits are based on 2/3 of your gross average weekly wage for the year before the accident.
TTD is paid if the doctor takes you off work to allow you to recover from any injuries sustained in the accident.
PPD and PTD (permanent total disability) are paid when a person sustains any permanent partial or permanent total disability.
Permanent partial disability can occur when a physician assigns a person’s injuries an impairment rating. In the case of permanent total disability, an impairment rating and restrictions are imposed, which prevent someone from returning to all work activities.
Medical Benefits:
The workers’ compensation insurance company is responsible for the lifetime payment of all reasonable and necessary medical treatment for recovery from work injuries.
Vocational Rehabilitation Benefits
If your injuries prevent you from returning to your usual occupation for which you have training and experience, you may be awarded retraining for work you can perform.
Who Can Be Held Liable For A Work-related Injury
Determining liability in work-related injuries is complex, as multiple parties could be responsible depending on the incident’s circumstances. Some of the most common liable parties include one or more of the following:
Employers:
Employers are primarily responsible for ensuring workplace safety, providing proper equipment, and adhering to health and safety protocols. If they neglect these duties, they can be held liable for any resulting injuries or accidents.
Equipment Manufacturers:
Manufacturers of workplace machinery and equipment must ensure their products are safe. If an injury occurs due to defective or unsafe equipment, the manufacturer could be held accountable.
Coworkers:
Coworkers who engage in unsafe practices or fail to follow safety guidelines contribute to a hazardous work environment. Their actions can lead to accidents, making them liable in certain circumstances.
Maintenance Staff:
The upkeep and maintenance of equipment and workspaces are crucial in preventing work-related injuries. If poor maintenance causes an injury, the individuals or entities responsible for that maintenance may be liable.
Third-Party Contractors:
Third-party contractors who are negligent in their duties, leading to an unsafe environment or direct injuries, can also be held liable.
While workers’ compensation is a no-fault system that provides benefits regardless of who is at fault for a work-related injury, there are circumstances where you may be eligible to file a lawsuit for additional compensation. Therefore, understanding who can be held liable is pivotal in protecting your rights and securing the proper support and compensation for your injuries. Consulting a workers’ comp lawyer can help navigate these complexities and ensure you receive the benefits and representation you deserve.
What to Consider Before Filing a Workers’ Compensation Claim
There are many factors to consider when determining if you have a claim. Consulting a workers’ compensation attorney can help you navigate the system’s complexities and maximize your benefits.
Where Did the Accident Happen?
Most accidents and injuries occur on the employer’s premises, but a valid accident can also happen off the premises. For example, a work-related vehicle accident may qualify you for workers’ compensation benefits.
What Type of Injury was Sustained?
A work injury can be more than a broken bone, torn ligament, sprain, back pain, or neck pain. Other injuries that may qualify you for workers’ compensation benefits include:
Trauma caused by the daily use of vibrating tools on an assembly line
Repetitive motion throughout work shifts
Aggravation of arthritis pain
Illness or injury caused by exposure to hazardous work environments
How did your accident occur? Work accidents can sometimes be caused by the negligence of a third party, such as an employee of another company or a manufacturer of defective equipment. A separate lawsuit can be filed against the negligent party (but not co-workers) to obtain damages and workers’ compensation benefits.
How Long Is There to File a Workers’ Compensation Claim?
Timing is crucial when filing a workers’ compensation claim in Kentucky. For most work injuries, you generally have either:
Two years from the date of injury, or
Two years from the date of your last temporary total disability (TTD) payment.
It’s important to note that while the claim needs to be filed within this period, it doesn’t necessarily have to be settled. Missing this deadline can result in losing your right to claim benefits, making it essential to act promptly if you’re injured at work.
What Is Retaliatory Discharge?
Retaliatory discharge means an employer cannot fire, harass, coerce, or discriminate against an employee for filing a claim.
This statute is designed to protect an injured worker’s job from the time of the accident through the time they recover from their injuries and return to work.
Typically, an employer can discharge an at-will employee or an employee not working under a contract for good cause, for no cause at all, or for a cause that is “morally indefensible.”
It would seem as though an at-will employee can be fired at any time for any reason.
However, there are certain restrictions on the “at-will doctrine” to protect workers from potential employer abuses.
Four criteria must be met to prove that retaliatory discharge has occurred in a workers’ compensation claim.
The worker must show they were pursuing a workers’ compensation claim.
Proof that the employer knew the injured worker was pursuing a workers’ compensation claim.
The injured worker must show that the employer fired, harassed, coerced, or discriminated against them.
A causal connection between pursuing the workers’ compensation claim and the adverse employment action must be proved.
Thus, a person cannot allege retaliatory discharge just because they have been fired.
It should be noted, too, that even though a person may be injured on the job and is protected from retaliatory discharge, they must still abide by the employer’s rules and regulations governing employment with the company.
There are several considerations to be undertaken after being injured on the job.
What If There Is A Death On the Job?
In cases where a death occurs on the job, families and dependents must understand their rights and the steps involved in seeking compensation and benefits. Here’s what you need to know:
Notification and Investigation:
It is crucial to notify the employer immediately, followed by a detailed investigation of the incident by the appropriate safety and workers’ compensation boards. This investigation helps determine the cause and whether the death was work-related.
Death Benefits Claim:
Dependents or the deceased’s estate can file for death benefits through workers’ compensation. These benefits are designed to cover funeral expenses and financially support the dependents.
Funeral and Burial Expenses:
Workers’ compensation typically covers reasonable funeral and burial costs up to a specific limit.
Dependency Benefits:
Spouses, children, and sometimes other dependents may receive a portion of the deceased worker’s wages for some time.
Future and Ongoing Support:
Some dependents might be eligible for longer-term support services, including counseling and educational assistance, in addition to immediate financial assistance.
Seek Legal Representation:
Seeking guidance from a lawyer experienced in workers’ compensation and wrongful death cases can provide crucial support and clarification during these complex processes.
Explore Third-Party Claims:
If the death resulted from the negligence of a party other than the employer, such as a faulty equipment manufacturer or a negligent third party on the job site, it might be possible to file a separate lawsuit against those entities for additional compensation.
Understanding these steps and legal rights is essential for families to navigate the aftermath of a tragic workplace incident effectively. It ensures the deceased’s dependents are compensated and supported during their loss.
Contact Louisville Workers’ Compensation Lawyers
If you need help with your workers’ compensation case in Kentucky or have questions about your benefits, call experienced workers’ compensation lawyers today. A
Contact or call us today at (502) 888-8888.
