Elizabethtown Work Accident Law Firm
Despite significant oversight, many Kentucky workplaces are very dangerous places. In fact, according to the most recent government statistics, there are over 40,000 Kentucky workplace accidents each year. Not surprisingly, the industries with the highest rates of Elizabethtown on-the-job injuries include the construction industry, mining and natural resource industry and the manufacturing industry. However, it may come as a surprise to some that the educational and health services industry also has a high rate of injury. State and local government positions also report a significant injury rate.
Compensation for Injured Kentucky Employees
When an employee is injured on the job, there are two main ways that they can recover compensation for their injuries. The first, and most common, is through an Elizabethtown workers’ compensation claim. The workers’ compensation program provides weekly compensation to those who were injured on the job. The amount that is paid to an injured worker is 66 and 2/3 percent of their weekly pay, up to a maximum benefit amount of $933.25. In addition, employees will be entitled to have their medical expenses paid, and can be reimbursed for qualifying medical bills.
The Kentucky workers’ compensation program is run by the Department of Workers’ Claims. It is a no-fault system, meaning that an employee does not need to show that the employer was at fault for their injuries. Under state law, Kentucky employers must obtain workers’ compensation insurance. When an employee is injured, they make a claim through the employer’s workers’ compensation insurance policy. The insurance company then reviews the claim and provides benefits if and when the claim is approved.
Unfortunately, both employers and their insurance companies may not play fair when it comes to approving injured workers’ claims. Often, an insurance company will deny a claim or dispute the extent of a worker’s injuries. In these situations, the assistance of a dedicated Elizabethtown workers’ compensation attorney is invaluable.
Types of Elizabethtown Disability Benefits
The Kentucky Workers’ Compensation Program provides three types of benefits, depending on the severity and duration of a worker’s injuries.
Temporary Total Disability (TTD) Benefits: A worker is eligible for TTD benefits if they miss work after being injured as a result of their employment. Weekly TTD benefits are two-thirds of an employee’s gross pay. Benefits will be paid until the employee is able to return to work, subject to an annual maximum.
Permanent Total Disability (PTD) Benefits: If an employee is unable to return to work because of their workplace injury, they are entitled to PTD benefits up until they reach retirement. Weekly PTD benefits are calculated by taking the gross average weekly wage. Successful PTD claims often result in a negotiated lump-sum payment by the insurance company, rather than continued payment over what could be decades.
Permanent Partial Disability (PPD) Benefits: If an employee is injured on the job, and can return to work in a limited capacity, the injured worker may receive PPD benefits. The intent behind awarding PPD benefits is to offset the reduction in pay an employee suffered as a result of their injury. Thus, a judge will determine an injured worker’s “percentage of disability” and then come up with a partial wage based on that percentage.
Kentucky Third-Party Workplace Injury Claims
The second type of claim available to injured Kentucky workers is a third-party personal injury claim. When an employee is injured within the scope of their job, typically, the only available option they have to pursue claim against their employer is a workers’ compensation claim. However, if the workplace accident was the fault of a third-party, then the injured worker can pursue a Kentucky personal injury claim against the at-fault party. For example, if a truck driver is involved in a Kentucky car accident with another vehicle, the injured truck driver may pursue a third-party claim against the at-fault driver.
Kentucky third-party workplace injury claims may be filed in conjunction with a workers’ compensation claim. However, if the third-party claim is successful, the plaintiff may need to repay some or all of their workers’ compensation award. Third-party injury claims can be complex, and anyone who was injured in an Elizabethtown on-the-job accident that was caused by someone other than a co-worker or employer should immediately discuss their case with a personal injury lawyer.
Can an Attorney Help?
Kentucky workers’ compensation claims are not always straightforward. In fact, a significant percentage of all workers’ compensation claims are initially denied. However, according to a recent study, nearly 70 percent of all claims that are initially denied end up being subsequently approved. Not only that, but when these claims are ultimately approved, they are often approved at a higher benefit amount. In part, this is because many people initially try to complete the workers’ compensation process on their own, only to be rejected. However, after meeting with an Elizabethtown workers’ compensation attorney and resubmitting the claim, these applicants routinely get their claims approved.
Consult With a Dedicated Elizabethtown Motorcycle Accident Injury Law Firm
If you or a loved one has been involved in an Elizabethtown on-the-job accident, you need a law firm with experience handling Kentucky workers’ compensation claims. At Hessig & Pohl, we are prepared to help you pursue a claim for workers’ compensation. Our skilled attorneys will aggressively negotiate with employers and insurance companies on your behalf to help you obtain the maximum benefit amount. Over the years, we have helped hundreds of injured workers get the benefits they need and deserve. There is no risk or downside to contacting us to help you with your work injury claim, as the initial consultation is free. Contact us though this website, or call our office at (502) 777-1111.
Marty fought for me when the insurance company denied my claim. We sued and got the insurance limits.