If you are involved in a workers’ compensation case, you should be aware that you have certain legal rights which are designed to protect you. Here’s a short explanation from a work injury lawyer in Louisville, KY.
Understanding Your Rights in a Workers’ Compensation Case
Right to File a Claim
You have the right to file a claim with the Kentucky Department of Workers’ Claims. You need to notify your employer as soon as possible about the injury to avoid delays or disputes: ideally within seven days. The claim must be filed within two years from the date of your injury or diagnosis.
Right to Protection from Retaliation
According to Kentucky law and federal law, you are protected from any retaliation for filing a worker’s compensation claim. Your employer may not fire, discriminate against you, or demote you as a result of you making a worker’s comp claim. If you do face retaliation, you can pursue legal action.
Right to Benefits
Coverage of Medical Care
Kentucky’s system of workers’ compensation guarantees medical care to any employee that has a work-related injury or illness. All reasonable and necessary medical expenses are covered as long as they are related to the work injury or illness. This would include doctors visits, hospital bills, prescriptions, and travel costs for medical appointments.
Compensation for Lost Wages
Temporary total disability (TTD) is available to any worker who is out of work for more than seven days due to a work injury or illness. You can receive two-thirds of your average weekly wage, including overtime wages. Payments will start after you are out for seven days. If you end up being out of work for more than two weeks, you will be paid for the first week as well. When you are cleared to return to work, the TTD benefits will end.
Permanent Disability Benefits
You may be eligible to receive benefits if your injury causes permanent impairment. The amount is calculated based on your disability rating. For example, if your permanent partial disability is less than 50%, the benefits may last as long as 425 weeks. If the disability is more severe, the benefits may be extended for a longer period of time.
Vocational Rehabilitation
If you are unable to return to your previous job because of the injury, retraining or job placement services may be available to you, if you qualify. A medical professional would need to give a formal assessment of your physical condition after the injury. Based on that, a vocational expert would evaluate your situation to see if vocational rehabilitation is an option for you, and then you would need to submit an application to the appropriate program, which are generally offered through state agencies or workers’ compensation programs.
Consult a Work Injury Lawyer in Louisville, KY
There is no requirement to hire a lawyer when you file a workers’ comp claim, but you do have the right to get legal representation. It is especially helpful to have an attorney if your injury is severe, if your claim is denied, or if you’re offered a settlement. A lawyer can help you take advantage of all the benefits that you need after your injury, and can help you negotiate with any agencies if necessary.
If you need advice or help with a workers’ compensation case, get in touch with Winton & Hiestand Law Group, PLLC, in Louisville, KY.
