WORKERS COMPENSATION

First appointment free. No obligation. All inquiries confidential.


FREQUENTLY ASKED QUESTIONS

Frequently Asked Questions


WHO IS ENTITLED TO WORKERS' COMPENSATION?
Almost everyone employed in Kentucky.

WHO IS NOT COVERED BY WORKERS' COMPENSATION?
The self employed, farm workers, TVA and Federal government employees, domestic servants, and certain casual employees. (Employees of TVA contractors are covered.)

WHEN AM I COVERED?
When you are injured at the workplace, the employer's operating premises, going between work places, and going on an errand for an employer. You are not covered while going to and from work.

WHO PAYS?
The employers insurance company or your employer.

WHAT IF MY EMPLOYER IS UNINSURED AND CAN'T PAY?
A special government fund, the Uninsured Employers Fund will pay.

HOW LONG DO I HAVE TO FILE A CLAIM?
You have two (2) years from the death of injury, death, or last time Workers' Compensation income benefits were paid to you.

WHAT SHOULD I DO IF I AM INJURED?
Immediately notify your supervisor and request that he make an accident report. You should also file a written notice of an injury.

WHAT AM ENTITLED TO?
Payment of medical bills and Temporary Total Disability benefits while recovering from your injury equal to 2/3 of your wages. If you have a permanent injury you deserve additional money to compensate you .

WHY DO I NEED A LAWYER IF THE INSURANCE COMPANY WANTS TO PAY FOR MY PERMANENT DISABILITY?
Yes. You need a lawyer experienced in Worker's Compensation and let him help you decide if the amount you have been offered is fair.

WHY DO I NEED A LAWYER IF THE INSURANCE COMPANY WANTS TO PAY ME FOR THE SAME IMPAIRMENT MY DOCTOR GAVE ME?
Your physician will give you a medical impairment rating based on medical guidelines. This is NOT your disability for Worker's Compensation. While this percentage is important, it alone does not determine your disability.

A complicated mathematical formula is used which considers:

  • your average weekly wage for your best quarter in the year before the injury,
  • a percentage factor based on your AMA impairment rating,
  • whether you retain the physical capacity to return to the type of work you performed at the time of you injury,
  • if you are able to return to work at a weekly wage equal or greater than the average weekly wage at the time of the injury,
  • your education,
  • if you do not have a high school education or GED, and
  • your age if you are over 50 years old.

HOW CAN I PAY THE LAWYER?
Lawyers fees in Workers' Compensation cases are a percentage of the amount recovered. The state of Kentucky sets the maximum amount of percentage and reviews and approves all fees. Court costs and case expenses are the responsiblity of the client only if we win or settle the case.

WHAT INJURIES ARE LIKELY TO LEAD TO PERMANENT DISABILITY?

ARE OCCUPATIONAL DISEASES COVERED?
Yes. Occupational diseases such as black lung, asbestosis pneuminomicosis and other diseases caused by your employment are covered. Different time limitations apply.

WHEN IS THE BEST TIME TO FILE MY CLAIM?
The day after your employer's insurance company stops paying your temporary total disability.

WHEN SHOULD I SEE A LAWYER?
The best time is approximately 6 weeks before your temporary total disability is stopped by the insurance company.

The insurance company will stop your temporary total disability when you return to work or the doctor states that you have reached your maximum improvement. In any event, the insurance company rarely pays temporary disability for more than one year.

By seeing a lawyer before your temporary total disability is stopped, he may begin preparing your case and you will receive your settlement sooner.

WHAT SHOULD I BRING WITH ME WHEN I GO TO SEE MY LAWYER?
It is helpful but not required that you bring the following:
  1. paystubs
  2. copies of workers compensation checks or stubs
  3. letters or business cards from the insurance adjuster
  4. accident reports
  5. photographs of you in your injured condition
  6. name, address, and phone number of any witnesses

WILL I HAVE TO GO TO COURT?
No. An Administrative Law Judge will decide your case in an informal hearing.


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Al Miller © 1990-2004
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This website is for informational purposes only. The law is too complicated to be fully explained in any website. The law must be applied to the particular circumstances at hand. All information is based on Kentucky law.

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