If You Have a Workplace Injury, Don’t Fight the Insurance Company Alone

by | Jan 9, 2017 | Worker's Compensation

In 2016, Kentucky celebrated 100 years since passing the state’s workers’ compensation Act. Before this law was passed, an injured worker had to rely upon the conscience of his employer to pay medical expenses and other costs. If the employer chose not to pay those bills, the worker’s only recourse was to file a lawsuit. workers’ compensation was passed to pay injured workers for medical treatment and other benefits.

Here are a few of the most common questions people ask about workers’ compensation.

What rights does an injured worker have?

Insurance companies do not have all the rights. Injured workers have the right to fight against denied claims and other negative decisions. If a worker is permanently disabled, a worker has the right to benefits in the future. It’s also possible to negotiate a settlement so that it will work better for you in the future.

If I file a Workers’ Compensation claim, can my employer fire me?

Kentucky law prohibits an employer from retaliating against a worker who files a workers’ compensation claim or who tries to prevent a worker from filing a claim. However, Kentucky law does not specifically prevent an employer from firing a worker while the worker is laid up because of an on-the-job injury. If the job is lost, the worker may be able to receive substantial additional benefits.

Can I sue for compensation for my injuries?

Usually injured workers are only able to receive workers’ compensation benefits. At times, a workers’ compensation lawsuit will be needed. If someone other than the employer caused the work injury, it might be possible to sue that person for compensation.

Is Workers’ Compensation law different if the injury happened because of a safety or OSHA violation?

When a worker is injured because of a safety violation, the worker is entitled to a 30% increase in the disability benefit.

Do all employers have Workers’ Compensation insurance?

All Kentucky employers are supposed to carry a workers’ compensation policy. If an employer does not have workers’ comp insurance, an injured worker can make a claim with the Kentucky Employers’ Fund.

Danny E. Darnall has been assisting injured workers in Kentucky to get the workers’ compensation benefits that they are entitled to for 39 years. If you’ve suffered a Workplace Injury, don’t try to fight the insurance company alone. Call today to schedule an appointment or visit website. You can also connect them on Facebook.

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