Workers' Compensation Attorney in Lexington

Kentucky law covers a wide range of workplace injuries and occupational illnesses. To qualify, your injury simply needs to occur in the course and scope of your employment, whether you work in construction, healthcare, retail, transportation, manufacturing, hospitality, or Lexington’s growing logistics and warehouse sectors.

Common covered injuries include:

• Strains, sprains, and torn muscles
• Back, neck, and spinal injuries
• Fractured bones
• Repetitive stress injuries (like carpal tunnel)
• Chemical exposure
• Burns and electrical injuries
• Slip and fall injuries
• Head, brain, and neurological trauma
• Hearing loss or vision damage
• Occupational illnesses such as Black Lung

If the injury or condition prevents you from performing your job duties or limits your earning capacity, you may be entitled to medical benefits, wage replacement, vocational rehab, and long-term disability payments.

Kentucky has strict reporting timelines, and missing them can jeopardize your entire claim. You must notify your employer as soon as possible, and preferably the same day the injury occurs. Some workers mistakenly believe they have weeks or months to report, but delays give insurers an excuse to argue that the injury didn’t happen at work.

In addition to notifying your employer promptly, Kentucky also enforces a two-year statute of limitations from either:

• The date of injury, or
• The last voluntary payment of temporary total disability benefits

Whichever is later. Filing outside of this window usually results in an automatic denial, but a Lexington workers’ compensation attorney can help workers determine the exact deadline that applies to their case.

Yes. Kentucky workers have the right to choose their own physician, despite what employers or insurance adjusters sometimes imply. They can recommend a doctor, but they cannot force you to treat with one who is aligned with the insurance company’s interests.

This matters because your doctor’s medical reports, restrictions, and impairment rating will heavily influence:

• How long you receive temporary wage benefits
• Whether you qualify for permanent disability
• How much your settlement is worth
• Whether the insurer can force you back to work early

A physician who understands workplace injuries and is independent from the employer helps you build a stronger claim.

When approved, Kentucky workers’ compensation offers two types of benefits:

Medical Benefits

These include:

• Doctor visits
• Surgeries
• Imaging and testing
• Physical therapy
• Medications
• Medical devices
• Mileage reimbursements

Medical coverage lasts for as long as your injury requires treatment.

Wage Replacement Benefits

If you cannot work, you may receive:

• Temporary Total Disability (TTD): Paid while you recover and cannot work.
• Permanent Partial Disability (PPD): Compensation for long-term impairment.
• Permanent Total Disability (PTD): Benefits for workers who can no longer return to any type of employment.

The amount depends on your pre-injury wages and the impairment rating assigned by your doctor.

A denial is not the end of the road. Many Lexington workers are initially denied due to paperwork issues, disputes over medical evidence, missed deadlines, or employer pushback. Kentucky’s workers’ comp appeals process must be handled carefully and includes:

Review Before an Administrative Law Judge (ALJ)

Each workers’ compensation claim is assigned to an Administrative Law Judge, who oversees evidence deadlines, settlement conferences, and hearings. The ALJ will make the final ruling on your case.

Benefit Review Conference

An informal meeting designed to narrow issues and attempt a settlement.

Formal Hearing

If no agreement is reached, the ALJ holds a hearing where both sides present evidence and witness testimony. A written decision must be issued within 60 days.

Petition for Reconsideration

Either party may request correction or clarification of the ALJ’s order within 14 days.

Appeals

If errors occur, a worker may appeal to the Kentucky Workers’ Compensation Board, and from there, to the Kentucky Court of Appeals or the Kentucky Supreme Court.

Having an attorney during this process significantly increases your chance of overturning a denial.

Kentucky’s coal miners face some of the nation’s highest risks of Black Lung (coal workers’ pneumoconiosis). These claims follow a unique process:

• Multiple X-rays must be read by the National Institute for Occupational Safety and Health (NIOSH)-certified physicians
• Miners must undergo pulmonary function testing
• A specialized workers’ compensation form must be filed
• Within 45 days, the employer may request repeat examinations
• Benefits are awarded based on the miner’s impairment level

Our attorneys are familiar with medical standards, testing requirements, and the process of challenging inconsistent employer-provided exams. We also help miners pursue third-party lawsuits against manufacturers of defective equipment when protective gear fails to provide adequate protection.

Generally, no. Workers' compensation prevents direct lawsuits against employers for work-related injuries. However, you can bring a claim against a negligent third party if someone other than your employer contributed to your injury.

Examples include:

• A contractor who created a dangerous job site hazard
• A property owner who failed to provide safe conditions
• A manufacturer of defective equipment
• A driver who caused a crash while you were performing work duties

These claims exist in addition to a workers’ compensation case and may offer compensation for pain and suffering, which workers’ comp does not cover.

Protect your health and your claim by:

• Reporting the injury immediately
• Seeking medical attention right away
• Documenting symptoms, restrictions, and time missed
• Following all treatment recommendations
• Keeping copies of forms, letters, and medical records
• Avoiding social media posting about your injury
• Contacting a Lexington workers’ compensation attorney if your employer disputes your claim

Insurance adjusters may look for any reason to deny benefits; prompt action protects your rights.

Settlement calculations typically include:

• Average weekly wage
• Impairment rating from your doctor
• Age and job classification
• Whether you return to work in the same role
• Estimated future medical needs

In Kentucky, settlement ranges vary widely based on the severity of the injury, the medical care required, and how the condition affects your ability to work. Serious cases, such as those involving spinal harm, traumatic brain injuries, amputations, or permanent disability, can result in substantially higher compensation.

Your attorney’s priority is to ensure you don’t settle too early, miss out on benefits you qualify for, or accept an offer that undervalues the long-term impact of your injury.

Despite clear laws, insurers often use tactics that undermine valid claims:

• Pressuring workers to return too soon
• Sending them to employer-friendly doctors
• Misclassifying injuries as “pre-existing”
• Delaying authorization for treatment
• Offering low settlements before the impairment rating is set
• Denying claims for missed deadlines or incomplete forms

Workers aren’t expected to understand every rule, but insurance companies count on that. That’s why having experienced representation matters.

We work to protect your rights by:

• Gathering medical evidence and expert reports
• Ensuring proper documentation is filed on time
• Handling communication with your employer and insurer
• Preparing cases for ALJ hearings
• Challenging inaccurate impairment ratings
• Pursuing additional claims when third parties are responsible
• Fighting for maximum wage replacement and medical coverage

We’ve helped thousands of injured workers who initially attempted to navigate the system alone, only to be denied, ignored, or underpaid.

A work injury can feel overwhelming, but you don’t have to take on your employer or the insurance company by yourself. Whether you’re filing for the first time, dealing with delays, or facing a denial, our Lexington workers’ compensation attorneys can help you pursue the benefits you’re entitled to.

Fill out a free case review today to learn how we can fight for you and your family.