Employers and insurance companies have been known to try and minimize the amount of benefits they pay to someone in workers’ compensation. If you aren’t paid enough to help your injury, your financial status and job performance can be negatively affected.
Hiring an attorney to handle your workers’ compensation claim can increase your chances of recovering benefits. Whether you are filing an initial claim, appealing a denied claim or disputing the amount of benefits you were awarded, the attorneys at Morgan & Morgan may be able to assist you. Our firm has helped hundreds of workers collect compensation for their injuries, and our attorneys in Louisville can help ensure that the compensation you receive adequately reflects the severity of your injuries.
If you were hurt on the job in Louisville and would like help filing a workers’ compensation claim or appeal, contact us today. Morgan & Morgan is offering free consultations to all potential clients.
How a Lawyer Can Help
At Morgan & Morgan, our lawyers understand that the process of filing a workers’ compensation claim or appeal can be overwhelming. If you’ve been injured on the job in Louisville, our firm may be able to help you:
Understand your rights. Our lawyers can explain your legal rights, which may include reimbursement for certain injury-related expenses. We can also help you understand some of the rights that your employer’s insurance company may not have disclosed to you, including your right to have your own doctor evaluate your injuries.
Choose a doctor and have your injuries properly evaluated. While your employer may encourage you to choose an insurance-approved doctor, these doctors may be inclined to minimize the severity of your injury and send you back to work before you’re ready. Our lawyers can help you get a second opinion from a doctor that does not have a connection to your workplace or its insurance company. This can help ensure that:
- You receive proper medical care
- Your benefits accurately reflect your injury
- You only return to work when you are ready
Submit paperwork and documentation for your injury. Often, the Kentucky Department of Workers’ Claims will deny claims over minor issues, such as improper medical documentation. To help prevent a denial based on a technicality, our lawyers can make sure that your paperwork is accurate and complete. Furthermore, we can collect and submit the extensive documentation (e.g., medical records, injury evaluations) needed to best represent the extent of your injury or illness.
Keep track of the status of your claim. After filing your workers’ compensation claim, we can keep track of your application’s status during the evaluation process. We will answer any of the Kentucky Department of Workers’ Claims requests on your behalf and ensure that your application remains active and up-to-date.
Appeal a denied claim. We may be able to help you file an appeal if your workers’ compensation claim is denied or you are unhappy with the benefits you were awarded. The appeals process for workers’ compensation claims in Kentucky is very extensive and can be overwhelming for injured workers who have not dealt with the Kentucky Department of Workers’ Claims before.
Our lawyers can help collect additional evidence of your injury to better support your claim and represent you if your case is assigned to an administrative law judge for review. If you are unhappy with any decision that the administrative law judge orders, we can help you file an appeal with the Kentucky Workers’ Compensation Board. If you still disagree with the board’s decision, we can help you file an appeal in Kentucky federal court.
Determine whether you can file a lawsuit against a third party. You may be able to file a lawsuit against a corporation other than your employer if that company’s negligence contributed to your injury. For instance, if a Louisville cleaning company failed to warn workers about a floor they just mopped and you slipped and fell, you may be able to sue the cleaning company. Third-party lawsuits can provide workers with additional compensation on top of workers’ compensation benefits.
Can I Sue My Louisville Employer?
In nearly all cases, you will not be able to sue your employer for a work-related injury. Workers’ compensation insurance was specifically designed as a mutually beneficial program that would prevent injured workers from filing personal injury lawsuits against their employers. In exchange for collecting disability benefits and reimbursement for medical care regardless of fault, employees forfeit their rights to sue their employers.
In Kentucky, all employers are required to carry workers’ compensation insurance, including those that only have one employee – regardless of whether he or she is full- or part-time. The only exception to this applies to certain agricultural employers. If you are unsure as to whether your employer has workers’ compensation insurance, you can visit the Kentucky Department of Workers’ Claims website and enter your employment information to find out if you are covered.
Only under certain circumstances will you be able to sue your employer. Unlike most states, Kentucky allows employees to opt-out of workers’ compensation coverage and retain their right to sue. If you waive your right to workers’ compensation insurance prior to suffering a work-related injury, you may be able to file a lawsuit. Additionally, you may be able to sue your employer if you are retaliated against for filing a workers’ compensation claim. It is illegal for employers to fire, demote or otherwise retaliate against employees who file these claims.
If you are looking for an attorney to help you file a workers’ compensation claim or appeal a denied claim in Louisville, contact us today. The attorneys at Morgan & Morgan may be able to help you recover the benefits you deserve.