Workers Compensation FAQ

• What is Workers Compensation?

  Workers compensation is a legal system designed to protect employees who have been injured at the workplace as a result of an accident, injury or occupational disease. Workers compensation provides monetary compensation to the injured party due to any hardship caused by the work environment and in turn provides employer with immunity from any court actions from the injured party. Under these laws the question of fault or negligence is not an issue.

• What should I do if I’m injured at work?

  Upon the occurrence of a work related injury, the employee should begin the workers compensation claims process by reporting the claim to the employer’s workers compensation insurance carrier. If the insurance carrier is refusing to make proper payment arrangement, the injured party has the right to seek help from an attorney or a State Workers Claims office. In some instances, injured employees are required to file a formal complaint with the state against the employer before the workers compensation insurance carrier start issuing payments. Many injured workers contact a qualified Workers Compensation attorney to assist with the legal forms.

• Do all companies carry Workers Compensation Insurance?

  If a business employs workers on regular or contract basis, state laws make it mandatory for all employers to carry Workers Compensation Insurance. Only if the company can show financial stability is it allowed to be self-insured. The law is written to protect the injured worker and their families, but at the same time allow employer to continue operating their business.

• Who is qualified to receive Workers Compensation benefits?

  All employees are qualified to receive Workers Compensation benefits from the employer if the worker has been receiving wages or commissions from the company, working within or away from the employer’s premises, regardless of hours worked. Under state law, if an employee has received a work related injury due to accident or occupational disease, then they are considered a “deemed” worker to receive Workers Compensation benefits under the Kentucky state laws.

  In some cases, independent contractors, federal employees and some agricultural workers may not be covered by the workers compensation insurance in the state of Kentucky. A qualified Workers Compensation attorney will be able to assist you in discovering if you are eligible.

• What expenses are covered by the Workers Compensation Law?

  The Workers Compensation laws are designed to insure that the injured employee receives the required medial care, compensation for lost wages related to the injury and retraining, and rehabilitation that is in order for the employee to return to the workforce. Kentucky workers’ compensation laws provide injured employees with a full coverage of medical bills, with no time or monetary limits. Workers Compensation offers no right to recover monetary rewards for “pain and suffering”, as it is a no-fault system. If the workers are killed on the job, the members of the workers’ family are eligible to receive the Workers Compensation benefits.

If you have been injured at work, you may be eligible for Workers Compensation benefits. Contact Walker Wallace, PLC today for a free Workers Compensation consultation.