Legal Recourse for Workplace Injuries Under Kentucky’s Laws

What Are Some Common Workplace Injuries in Kentucky?

Nearly any part of the body can be injured in a workplace accident in Kentucky. This list is by no means complete, but some of the most common workplace injuries include:

• Broken bones
• Traumatic brain injuries (TBIs), which include concussions
• Hearing loss
• Black lung disease (common among Kentucky coal workers)
• Amputations or loss of limbs
• Sprains and strains
• Soft tissue injuries
• Back injuries
• Burns

What Are My Legal Options if I Was Injured in the Workplace in Kentucky?

Kentucky law requires every employer, with even just one employee, to carry workers compensation insurance. That means most employers should have protection for workers, including coverage for state, county, or city employees; service employees; someone working under contract for hire; any executives; volunteer firefighters; newspaper delivery people; and aides and assistants whether paid by the employer or the employee who uses their services. However, there are several categories of exemptions from the mandatory workers’ compensation coverage. Those not required to be covered include:

• Agricultural employers and workers
• Some religious organizations
• Federal workers who already have coverage through the Federal Employee’s Compensation Act
• Domestic workers who work fewer than 40 hours per week in a private home, if there are fewer than two

Filing a work injury claim is a crucial step in ensuring you receive the benefits you deserve.

While compensation coverage isn’t required in the categories above, the employer can voluntarily provide it.

Filing a Workers’ Comp Claim in Kentucky

Filing a workers’ comp claim in Kentucky can be a complex process, but it’s essential to ensure that you receive the benefits you deserve. If you’ve been injured on the job, it’s crucial to report the incident to your employer immediately. Your employer will then provide you with a workers’ comp claim form, which you’ll need to fill out and submit to the Kentucky Workers’ Compensation Board.

When filing a workers’ comp claim, it’s essential to provide detailed information about your injury, including the date, time, and location of the accident, as well as a description of the injury and any medical treatment you’ve received. You’ll also need to provide documentation, such as medical records and witness statements, to support your claim.

It’s also important to note that there are time limits for filing a workers’ comp claim in Kentucky. You have two years from the date of the injury to file a claim, so it’s essential to act quickly to ensure that you don’t miss the deadline.

What Is and Isn’t Covered by Workers’ Compensation in Kentucky?

Workers’ compensation in Kentucky covers nearly any physical injury experienced by injured employees while they worked. In some cases, psychological injuries may be covered as well, as long as they’re related to a physical injury (for example, post-traumatic stress disorder [PTSD] after a physical injury). Injuries can be those experienced in accidents or from long-term development, such as carpal tunnel (the latter often known as “wear and tear” injuries).

For employees who work with asbestos, coal dust, or other chemicals that can negatively impact the human body, conditions caused by those substances are usually covered. Navigating the claims process can be challenging, especially when dealing with an insurance company that may resist providing fair compensation.

There are some situations where workers’ comp won’t apply, including someone commuting to and from work. However, injuries may be covered if an employee travels for work. Other situations that aren’t covered include injuries caused when an employee was intoxicated while at work, engaged in self-harm, or engaged in joking or careless behavior (horseplay).

What Does Workers’ Compensation in Kentucky Pay For, Including Lost Wages?

Several things are paid for through workers’ compensation benefits.

• Medical bills. This includes doctors, chiropractors, hospitals, and diagnostic costs. The injured employee doesn’t have to make co-payments or pay down a deductible as long as the bills were all for the injury suffered at work.
• Travel expenses to medical appointments and treatment sessions.
• Medical equipment, including wheelchairs, walkers, and crutches.
• Medications related to the injury. Lost wages. Once an employee has been away from work for a minimum of seven days because of a work-related illness or injury, they can receive two-thirds of their average weekly income. After 14 days have elapsed, they’ll receive payment for the first seven days. Those figures will include overtime pay if the employee would have received that, too.

Injured workers often face mounting medical bills, which can add to the stress of recovery.

Is There a Deadline to Apply for Workers’ Compensation in Kentucky?

Yes, and it’s vital that this deadline (known as a statute of limitations) isn’t ignored, or you may have no further legal recourse. In Kentucky, the injured party must file for compensation within two years of the injury occurring or the date the injury was identified and diagnosed.

Does Having Workers’ Compensation Mean I Can’t File a Lawsuit?

If your employer offers workers’ compensation insurance, that usually means you can’t sue them. However, some situations sometimes involve third parties outside of the employer. For example, if you were injured at work by someone driving a vehicle for another company (a delivery truck, etc.), you may be able to sue a third party for the injury.

In addition to workers’ compensation, injured workers may also pursue personal injury claims if a third party is responsible for their injury. If you’re unsure who’s fully responsible for your injury, contact an experienced personal injury attorney as soon as possible to establish a strong attorney-client relationship.

What if Workers’ Compensation Denied My Claim in Kentucky?

It seems like it should be straightforward: Someone is injured while on the job, they file a workers’ compensation claim, and they receive payment. Unfortunately, the process doesn’t always go as smoothly as that. Some situations will be denied, including if someone missed the statute of limitations or filed a claim after leaving the job where they were injured. But there are other times when the claim should be approved and yet is denied.

Besides being frustrating (and costly if you’ve lost wages and have outstanding medical bills), considering the following steps can also be daunting. But you have the right to file an appeal. There may be a hearing where you can bring evidence of the injury and how it happened at work.

That may involve letters from doctors along with medical records or testimony from anyone who witnessed the injury happen. The judge at the hearing then has 60 days to respond.

What Should I Do if I Was Injured at My Workplace in Kentucky but Workers’ Compensation Denied My Claim?

Call Shannon C. Smith as soon as possible at 859-710-9001to request a free case evaluation. We understand how traumatic and frustrating this is for you. Our team of experienced, knowledgeable Kentucky workers compensation attorneys can review your specific case and advise what course of action to take to achieve the best possible outcomes.

Our team is dedicated to protecting the rights of injured workers and ensuring they receive the compensation they deserve.

Personal Injury Compensation and Third-Party Claims

If you’ve been injured on the job, you may be entitled to personal injury compensation in addition to workers’ comp benefits. Personal injury compensation can provide additional financial support to help you cover medical bills, lost wages, and other expenses related to your injury.

In some cases, a third-party claim may be possible if someone other than your employer was responsible for your injury. For example, if you were injured in a car accident while driving for work, you may be able to file a personal injury claim against the at-fault driver.

An experienced personal injury attorney can help you navigate the complex process of filing a personal injury claim and ensure that you receive the compensation you deserve. They can also help you determine whether a third-party claim is possible and guide you through the process of filing a claim.

Working with a Kentucky Law Firm

If you’ve been injured on the job, it’s essential to work with a Kentucky law firm that has experience handling workers’ comp claims and personal injury cases. A reputable law firm can provide you with the guidance and support you need to navigate the complex process of filing a claim and ensure that you receive the benefits you deserve.

When choosing a law firm, look for one that has a proven track record of success in handling workers’ comp claims and personal injury cases. You should also look for a firm that has experienced attorneys who are knowledgeable about Kentucky workers’ compensation laws and regulations.

It’s also important to choose Kentucky workplace accident attorneys that offers a free consultation, so you can discuss your case with an attorney and determine whether they’re the right fit for you.

Protecting Your Rights as an Injured Worker

As an injured worker, it’s essential to protect your rights and ensure that you receive the benefits you deserve. Here are some tips to help you protect your rights:

• Report your injury to your employer immediately.
• Seek medical attention right away.
• Keep detailed records of your injury, including medical records and witness statements.
• Don’t sign any documents or agreements without consulting with an attorney first.
• Don’t talk to insurance companies or adjusters without consulting with an attorney first.

By following these tips, you can help protect your rights and ensure that you receive the benefits you deserve.

Common Mistakes to Avoid

When filing a workers’ comp claim or personal injury claim, there are several common mistakes to avoid. Here are some of the most common mistakes:

• Failing to report your injury to your employer immediately.
• Failing to seek medical attention right away.
• Signing documents or agreements without consulting with an attorney first.
• Talking to insurance companies or adjusters without consulting with an attorney first.
• Failing to keep detailed records of your injury.

By avoiding these common mistakes, you can help ensure that your claim is successful and that you receive the benefits you deserve.

Were You Injured On The Job? Contact a Kentucky Personal Injury Attorney

If you were injured on the job in Kentucky, it’s crucial to seek legal guidance to ensure you receive the compensation you deserve. While workers’ compensation benefits cover medical expenses and lost wages, they may not be enough to fully address the impact of your injury—especially if a third party, such as a negligent contractor or equipment manufacturer, played a role in your accident.

A skilled Kentucky personal injury attorney can assess your case, determine whether additional claims are possible, and fight for maximum compensation. Don’t navigate the complex claims process alone—contact an experienced attorney today to protect your rights and secure your financial future.