Common Issues In the Workplace

LOUISVILLE ATTORNEYS EXPLAIN COMMON ISSUES IN WORKPLACE INJURY CLAIMS

Helping you get the benefits you deserve

When you are injured at work and miss time on-the-job, the last thing you need is the runaround when you're trying to get workers' compensation benefits. You have bills to pay, and perhaps even a family who depends on your paycheck. At Walker Wallace PLC, we help you deal with the process of collecting workers' compensation benefits when you are hurt on-the-job and cannot work. We assist you with navigating the red tape so you can focus on getting well.

Common issues that may arise

As with many government processes, workers' comp claims can be complicated and frustrating affairs. At Walker Wallace PLC, we have years of experience assisting clients through the process and helping them secure the maximum benefits allowable. Issues we deal with and overcome on a regular basis include:

  • Notice, filing requirements and deadlines - When you are injured at work, there are mandatory rules you must follow. Failing to do so negatively can impact your ability to file claims and appeals.
  • Preexisting conditions - The presence of a preexisting condition does not negate workers' comp claims if the injury were aggravated because of your job duties.
  • Suing your employer - In most cases you may only sue your employer if the company doesn't have workers' compensation insurance. Exceptions include when your injury was caused by an intentional or illegal act by your employer.
  • Qualifying for disability benefits - If your employer denies your claim, you can request a hearing. At Walker Wallace PLC, we have a great deal of experience dealing with workers' compensation litigation.
  • Death benefits and other benefits - When a worker is killed in a workplace accident, the spouse and children are entitled to death benefits through workers' comp.
  • Reopening a case - If you are re-injured or your condition deteriorates after you go back to work, you may be entitled to reopen your claim.

Don't let the process get you down. If you have been injured in a construction accident or other workplace mishap, when you bring us your documents, we help you make sure your benefits claim is processed in an expeditious manner.

Tearing down roadblocks to your benefits

In addition to bureaucratic technicalities that prevent you from receiving the workers' compensation benefits you deserve, there are often other roadblocks that prevent you from receiving compensation. Employers frequently allege that injuries were suffered away from work, delaying the claims process. If an injury was wrongly or only partially described in the claim's paperwork, your financial benefits may be inaccurately calculated.

Kentucky law prohibits retaliation by employers

Kentucky state law prevents employers from discriminating against or harassing workers who file workers' comp claims. The state's Guidebook to Workers' Compensation identifies the following additional rights that Kentucky workers are entitled to:

  • Your employer should furnish workers' compensation insurance coverage to you at no cost.
  • You are entitled to know the identity of the workers' compensation insurance carrier and the claim representative.
  • You should receive a courteous and reasonably prompt response from the carrier upon your communication regarding a claim.
  • You should receive temporary income benefits while you're recuperating from a work-related injury.
  • You are entitled to all necessary medical treatment for your occupational injury or disease without making a co-payment.
  • You should be allowed to select a physician without interference from your employer. If your employer participates in an authorized managed care program, you should be allowed to choose among physicians who participate in the plan.
  • You have the right to change your treating physician one-time with no questions asked.
  • You should be provided with a card that identifies the designated physician, employer and carrier.
  • You should be reimbursed for expenses paid in the process of receiving medical treatment, including travel expenses, if your request for reimbursement was made in a timely manner.
  • You are entitled to appropriate retraining if you cannot return to suitable work.
  • You may file a claim for permanent disability benefits within two years of the injury or the termination of temporary income benefits, whichever is later.
  • If you have a permanent impairment as result of your on-the-job injury, you are entitled to be compensated for this impairment and how it impacts your future employability for the rest of your life.

At Walker Wallace PLC in Louisville, we understand the importance of properly documenting all injuries thoroughly. We help you get the benefits you are entitled to without delay.

Contact our Louisville legal team to fight for benefits after your work-related injury

This may be your first workers' compensation claim, but it's not our first one. At Walker Wallace PLC, our lawyers in Louisville, KY have more than 30 years of combined experience helping clients pursue benefits under workers' compensation laws, and we are here to help you. Our friendly and compassionate legal team patiently explains the process to you from beginning to end, giving you confidence and comfort that your case is being handled in the best manner possible. Call us today at 502-785-8749 or contact us online to schedule a free initial consultation.