Experienced Kentucky Workers’ Compensation Insurance Attorney In Shelbyville
Helping the injured is the focus at Salyers Law, PLLC, and that includes helping people who sustain injuries on the job. My name is Ben Salyers, and I am an experienced Kentucky workers’ compensation lawyer who has handled these types of tough cases in Kentucky since 2001. I fight to ensure that injured workers receive fair treatment from their employers and from the state workers’ compensation system.
Full-Service Representation For Injured Workers In Kentucky
From my office in Shelbyville, I serve clients from varied backgrounds and occupations across the central portion of the commonwealth. The workers’ compensation clients in Kentucky who come to me with questions include office workers, factory workers, long-haul truckers, delivery drivers, distillery workers, service industry employees and anyone in between.
No matter your job or your injuries, I understand the fear and frustrations you may be facing during this time. It’s normal to worry about how your injury will impact your job and, in turn, your livelihood. The thought of paying for a lawyer on top of that can be troubling. Luckily, in Kentucky, workers’ comp laws state that workers’ compensation attorneys are paid on a contingent-fee basis.
This means you don’t owe any attorney fees unless your attorney either wins for you at trial or reaches a settlement with the insurer. Also, you do not need to pay the attorney fees out of your own pocket. Instead, the lawyer takes a certain percentage of the compensation recovered.
Trusted Support Every Step Of The Way
The workers’ compensation process can be difficult to navigate on your own. I have years of experience handling these cases, and I know what to expect from the legal system. I’m here to guide you through every aspect of the Kentucky workers’ compensation process, including:
- Determining your eligibility and applying for workers’ comp benefits
- Communicating with your employer
- Appealing denied workers’ compensation claims
- Reopening old claims due to reinjury or any other reason
- Determining if you can pursue a third-party claim for additional damages
- Pursuing full benefits for lost wages, medical expenses and disability
The process may feel overwhelming, but I’m here to answer any of your questions so you feel confident as we move forward.
Injuries Can Happen In Any Workplace
Some jobs carry obvious risks, such as working in construction or one of the region’s automotive factories, distribution centers or distilleries. Other jobs, like working in an office, have risks that are not so obvious. Over the years, I have helped people who have suffered a wide variety of workplace injuries in various work environments, including:
- Back, neck and spinal cord injuries
- Carpal tunnel syndrome and other repetitive use injuries
- Broken bones and other serious injuries to the arms, legs, hands and feet
- Exposure to toxic substances that can lead to workplace diseases
- Amputations
Any of these injuries deserve proper treatment. By pursuing workers’ compensation, you can seek benefits that can help cover the cost of medical care.
The Types Of Workers’ Compensation Benefits
You might be asking yourself, “What benefits am I entitled to if I’m injured on the job?” There are different types of benefits you may be entitled to receive under Kentucky’s workers’ compensation system. Depending on the nature of your work-related injury, an employer’s Kentucky workers’ compensation insurance may cover payments for:
- Medical benefits: This can help cover your hospital stay, surgeries, medications and any X-rays or scans you may need.
- Lost wages: You are entitled to a tax-free portion of your wages while your doctor has you off work for your injury.
- Permanent disability: If your injury led to a permanent disability, you have a right to compensation and other future benefits, such as medical treatment.
- Lump sum settlement: In Kentucky, the workers’ compensation insurance company may elect to pay your disability benefits on a weekly basis, typically over eight to 10 years. It may be possible to negotiate a lump sum settlement.
- Other benefits: This can include vocational retraining, the right to reopen your case if your injury worsens, and future medical benefits.
These benefits should all be available to you, depending on your situation. However, some employers and insurance companies may try to deny you these benefits. I can help you fight to get the benefits that you deserve.
Answering Common Workers’ Compensation Questions
It’s natural to have questions about the workers’ compensation process. Let me help answer some of the most common ones:
What rights do I have?
Everyone knows the insurance company has rights. But so does the injured worker. You have a right to fight denials and other adverse decisions in your claim. You also have a right to future benefits if you have a permanent disability. Your settlement can often be negotiated to fit your personal future needs.
Will I be fired if I hire a Kentucky workers’ comp attorney?
Your workers’ comp attorney works directly with your employer’s Kentucky workers’ compensation insurance company. This allows you to maintain a relationship with your employer while you are off work if you choose to do so. Kentucky law does not allow your employer to retaliate against you for making a workers’ compensation claim or try to intimidate you from doing so. While Kentucky law does not actually protect your job if you are off for a work injury, you may be entitled to significant additional benefits if you lose your job.
Can I sue my employer or a third party for my injuries?
Under Kentucky law, you can usually only recover workers’ compensation benefits from your employer. Sometimes, this requires a workers’ compensation lawsuit. However, you do have a right to make an additional claim or lawsuit if your work injury was caused by someone else. If this is the case, you may have a right to make a claim for your pain, suffering and any other damages not covered by workers’ compensation. This could allow you to be fully compensated. Learn more here.
What if my injury occurred as a result of a safety or OSHA violation?
Kentucky law allows for a 30% increase in your disability benefits if your injuries occurred as a result of a safety violation.
What if my employer did not have workers’ compensation insurance?
In Kentucky, all employers are required to have a workers’ compensation policy. However, if your employer does not have coverage, you can make a claim for your benefits with the Kentucky Uninsured Employers’ Fund (UEF). Usually, the UEF will then seek reimbursement from your employer.
I am finished with treatment. Now what?
If you have a permanent disability, you are entitled to benefits, including compensation and lifetime medical treatment for your injury, even if you have returned to work. However, these benefits are not automatic, and you must make a claim before the time limit expires.
The insurance company is taking care of my claim. Do I need an attorney?
Problems with your claim arise most often after an initial period of cooperation by the insurance company. It is common for continuing medical treatment to be denied, along with being returned to work too quickly, delaying treatment approval or delaying, underpaying or denying lost wages. A Kentucky workers’ comp attorney can help you manage your claim, fight denials, and negotiate and resolve your future benefits, depending on what is important to your future.
The insurance company says I was an independent contractor and has denied my claim. Now what?
If you believe you are an employee and not an independent contractor, you have a right to fight.
I have received an offer from the insurance company. Should I take it?
The short answer is no, at least not before consulting with an experienced Kentucky workers’ comp attorney. The insurance company represents your employer and its shareholders, not you. It does not have to explain your rights to you. Its offer of settlement will often undervalue your disability claim or cause your future benefits, such as medical treatment, to be closed forever. Further, the insurance company’s doctor may assign an unfair disability rating. You have a right to keep your future benefits and to be compensated fairly.
I think the insurance company is underpaying my lost wages. Now what?
It is very common for the insurance company or the employer to make a mistake when calculating your lost wage benefits. Further, if you have a second job, you may have a right to have those wages included. You have a right to review and contest the insurance company’s calculation of your lost wages.
A doctor I’ve never seen has denied my doctor’s recommended treatment. Now what?
This is one of the most common frustrations of injured workers. You have a right to fight for your treatment.
The doctor says I am at maximum medical improvement (MMI). Now what?
The insurance company’s doctor could unfairly say you are at MMI and, therefore, deny your doctor’s recommended treatment. This also often results in your lost wages being cut off, and you may not even be able to go back to work. You have a right to fight if this has happened to you.
The insurance company is denying my claim due to a preexisting condition. Now what?
The insurance company may try to deny your claim for a preexisting condition you did not even know you had. Further, even if your condition was preexisting, you may still have a claim if the preexisting injury was dormant prior to the work injury. You have a right to fight any treatment denial.
What is my time limit for making a claim?
Kentucky workers’ comp laws state you have up to two years from the date of injury or two years from the last payment of lost wages to make a claim. It is always wise to seek the advice of an attorney sooner rather than later.
Consult A Kentucky Workers’ Compensation Lawyer For Free
As a Kentucky workers’ compensation lawyer, I am committed to helping you achieve the compensation that you deserve. To learn more about your rights to claim workers’ compensation benefits, contact Salyers Law, PLLC, today to schedule a free consultation via 502-996-6926 or email. You can also reach me via text at 502-255-8106. I represent clients throughout Shelbyville and central Kentucky.