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Best Workers' Compensation Lawyer in Covington, KY
If you got hurt at work in Covington, the Kentucky workers’ compensation program could provide you with certain benefits such as medical expenses, lost wages, and others. The family of a fatally injured worker could also qualify for death benefits under the program.
However, receiving what you deserve can be tricky without having an experienced Covington workers’ comp lawyer in your corner, especially if your claim was already denied. If your bills are piling up and there is no sign of any workers’ comp benefits, we could help. Our dedicated workers' compensation attorneys can work tirelessly to pursue the benefits you need and deserve to get your life back on track. Contact us now to find out for free if we can help you.
Covington Workers’ Compensation Benefits
Experiencing an accident and significant injury on the job can turn your life upside down in one split second, especially if you suffer a disabling injury. Figures from the National Safety Council (NSC) show that construction and transportation workers can be particularly vulnerable to suffering injuries at work. However, accidents and injuries can potentially happen in all work environments. If you get hurt, workers’ compensation should provide you and your family with benefits to go on with your life without suffering unnecessary hardship.
Kentucky’s workers’ compensation laws provide benefits on the “no-fault” principle, meaning that even if you caused or contributed to your accident and injury, you are generally entitled to certain benefits, such as:
Income Loss Benefits
If you are temporarily or permanently unable to work, you could be entitled to wage loss benefits under the workers’ comp program. Kentucky workers can receive up to two-thirds of their average weekly wage until they are able to return to work. If you have a permanent disability or condition that leaves you unable to return to work, you could receive wage loss benefits for the rest of your life.
Workers compensation generally covers all medical costs due to a work injury. Your doctors should submit authorized bills to your employer’s insurer. Medical benefits can include treatments, medications, travel costs, medical devices, rehabilitation, and other needs. You could also receive compensation for permanent injuries such as disfigurement, loss of a limb, and others.
While individuals may be able to return to work eventually, they could be unable to return to their former position, depending on the severity of their condition or injury. In this case, claimants could be entitled to vocational benefits such as job training, vocational counseling, or assistance with finding a suitable job.
The family of a worker who passes away due to an injury could qualify for certain death benefits, including burial and funeral expenses and maintenance payments for dependents. In Kentucky, surviving family members can be entitled to up to 75 percent of the deceased’s weekly wages, which are typically divided among the beneficiaries. In addition, if a deceased worker in Covington died within four years of their accident or injury, the surviving family members can receive an additional settlement.
If you are unsure which benefits you qualify for or are currently not receiving what you need after a work injury, consider contacting our workers’ comp lawyers in Covington for help and advice.
Qualifying Injuries and Conditions
Generally, all injuries and occupational conditions occurring in or arising from employment are covered by workers' compensation. This also includes injuries during business trips and other work-related travel. Common workplace injuries covered by workers’ comp include:
- Head and brain injuries
- Musculoskeletal injuries such as sprains and strains
- Burns and other fire injuries
- Back and spinal injuries or conditions
- Loss of a limb or limbs
- Loss of hearing or sight
- Exposure to toxic substances
- Repetitive strain injuries
Injuries Not Covered by Workers’ Comp
Workers’ comp generally does not cover any non-work-related pre-existing conditions or illnesses arising due to the natural aging process. Psychological disorders are only covered in certain circumstances. Injuries during the commute to and from the workplace are not covered. Injuries and conditions resulting from alcohol or drug intoxication, aggressive behavior, or self-infliction are typically not covered by workers’ comp insurance.
Your Next Steps After Getting Injured at Work
If you experience a work accident and injury, knowing your next best steps can be critical for receiving the workers’ comp benefits you deserve.
Report Your Accident and Injury Immediately
When getting hurt at work, report your accident and injury promptly to your employer or supervisor, and file an accident report. Reporting your injury immediately can help you qualify for workers’ compensation benefits.
See a Doctor Promptly
Seeking medical help for a work injury can be critical for your worker’s compensation claim. Ensure to speak to your employer as you may be required to see a designated doctor to retain workers’ comp benefits.
File a Claim
Filing a workers’ comp claim on time is critical. Your employer is generally responsible for providing you with the forms for a claim. If you miss the filing deadline for a workers’ comp claim, which is two years in Kentucky, you may be unable to receive any benefits.
If Your Workers’ Compensation Claim Is Denied
Receiving a denial notice can be extremely upsetting. However, denials are common, and you can appeal against the decision. If your claim has been denied and you do not know where to turn, Morgan & Morgan’s experienced Covington workers’ comp lawyers can guide you through the appeals process and help fight for the benefits you deserve.
How to Find the Best Workers’ Compensation Lawyer in Covington
Finding a great workers’ compensation lawyer near you involves a little effort. The following tips can help you with drawing up a list of potential attorneys and law firms:
- A google search for “workers’ comp lawyers in Covington”
- Asking friends and family for attorney recommendations
- Browsing Avvo and Martindale Hubbell for potential lawyers and client reviews
- Searching for attorneys on the Kentucky Bar Association website
Once you have collected some names, why not take advantage of a free case review? Most workers’ comp attorneys offer a free initial meeting where you can ask about the attorney’s experience and raise any concerns regarding your particular workers’ comp claim.
Morgan & Morgan Is Here for You
If you feel stuck with your workers’ compensation claim, you do not have to search endlessly for a suitable attorney. Simply get in touch with us. Our experienced workers’ compensation lawyers are determined to fight for the benefits injured workers need to get their lives back on track after suffering an injury at work. Benefits of working with Morgan & Morgan include:
- No upfront attorney’s fees
- Having America’s largest personal injury firm in your corner
- Working with experienced and tenacious workers’ comp attorneys
- Receiving the personal attention and time you deserve
- Professional legal representation at appeals hearings
We can also gather proof of your injuries, provide medical and vocational expert witnesses to testify on your behalf, negotiate a fair settlement, and so much more.
Morgan & Morgan
When Do Workers’ Comp Death Benefits End?
When your loved one dies in a work accident, your financial future may look uncertain, and you might wonder for how long you can receive death benefits. Generally, spouses lose death benefits when they remarry, although they may qualify for a lump sum settlement. Children generally lose their death benefits when they become of age or leave full-time education.
Death benefits will also end when the cap detailed in the workers’ comp policy has been reached. While some policies offer lifetime death benefits, others only guarantee death benefits for some years.
Am I Covered by Workers’ Comp in Covington?
Regular employees are generally covered by Kentucky workers’ comp insurance. However, independent contractors, agricultural workers, domestic servants, and certain part-time or charitable workers are not normally covered by workers’ comp. If you fall into a category that might not be covered, consider talking to an attorney to find out if you could still qualify for some benefits.
It is important to note that federal employees, railroad workers, maritime workers and some federal contractors do not receive workers’ comp benefits. However, employees in these categories tend to have their own protective laws and programs that come into play when they suffer an injury at work.
When Should I Hire an Attorney for My Workers’ Comp Claim?
Claimants may not need an attorney if they only suffered minor injuries or receive workers’ comp benefits within a reasonable time frame. However, if you suffered a significant work injury, seeking legal advice and learning about your rights can be important for getting what you deserve.
Consider working with a workers’ comp lawyer if:
- You suffered a serious injury preventing you from returning to work
- A pre-existing condition is complicating your workers’ comp claim
- An employer or insurance company denied your claim
- Your employer retaliated against you after filing a claim
- Your injuries resulted from third party negligence or deliberate wrongdoing
Can I Get Workers’ Comp Benefits if I Have a Pre-Existing Condition?
Pre-existing conditions can complicate workers’ comp claims. However, having a pre-existing condition neither qualifies nor disqualifies you from receiving benefits. For example, if your pre-existing condition is completely unrelated to your work injury, you would not be able to claim any healthcare costs for treating the condition. However, if a new work injury aggravates your pre-existing condition, you could be entitled to benefits for the worsening of your condition.
A pre-existing condition could, in some circumstances, provide an excuse to your employer or the insurance company to reduce your benefits or deny your claim.
Since handling a workers’ comp claim with a pre-existing injury or condition can be challenging, consider hiring a workers’ compensation lawyer for help.
Can I Receive Workers’ Comp if My Employer Has No Coverage?
Most employers in Kentucky must, by law, carry workers’ comp insurance. However, in some cases, an employer willfully or carelessly let their insurance cover lapse, which could leave workers high and dry and without the benefits they need. While it can be upsetting to discover that your employer was uninsured, you may have other options for receiving compensation:
The Kentucky Uninsured Employers’ Fund
In some instances, an injured employee can recover benefits from the Kentucky Uninsured Employers’ Fund.
Personal Injury Lawsuit
If you can prove that an employer or third party negligently caused your accident, you could sue them for damages.
Do I Get a Full Salary With Workers’ Compensation in Covington?
One drawback of workers’ comp insurance is that wage benefits normally do not include 100 percent of your salary. Instead, payments for income loss are capped at about two-thirds of a workers’ average weekly wage. Losing a third of your income can be stressful, especially if you support a family with your wages.
However, there could be other avenues for seeking compensation, depending on the facts of your accident and injury. For example, you could file a personal injury lawsuit against a negligent third party. A lawsuit could allow you to seek additional damages such as pain and suffering and emotional distress. Such non-economic damages are not available with workers’ compensation. If you are unsure what you are entitled to, a workers’ comp attorney can analyze your accident and advise you accordingly.
Our Workers’ Compensation Lawyers Can Fight for You
Work injuries can cause tremendous emotional and physical pain, as well as financial hardship. Workers hurt on the job deserve the benefits that allow them and their families to go on with their lives. Do not despair if you are currently struggling to get what you deserve from workers’ comp. Our tenacious Covington workers’ comp lawyers have helped countless workers receive the benefits they need and could fight for you too. Contact Morgan & Morgan today to schedule a free, no-obligation consultation.