What Are the Workers’ Compensation Laws in Owensboro, KY?

Before the introduction of workers’ compensation insurance into the workplace, employees often had to address the financial ramifications of a work-related injury on their own. Many employers refused to compensate workers for medical bills, as well as any lost time from work because of the severity of an injury. The first type of insurance for worker injuries became law in 1971, but it took nearly 40 years for the first law to evolve into the workers’ compensation laws passed at the state level. It is important to note that states manage workers’ compensation programs, which means workers’ comp laws differ among the 49 states that have enacted legislation.

Workers’ compensation is a government-managed program that provides benefits to employees that become sick or sustain injuries while on the job. An illness or an injury does not have to occur in the workplace. For example, a delivery driver has the right to seek workers’ compensation for sustaining injuries caused by a vehicle collision. Considered a disability insurance program for employees, worker’s comp provides cash and healthcare benefits to employees who miss time from work due to illness or injury.

Insurance companies pay for workers’ compensation programs from the premiums collected from private sector employers. Government workers receive benefits from a different insurance program managed by a public sector agency.

The attorneys at Morgan and Morgan handle a wide variety of workers’ compensation claims. The type of workers’ comp claim determines how our attorneys proceed with gathering evidence and building a convincing claim for your employer to approve.

Slip and Fall

Wet floors cause a majority of slip and fall accidents, especially in bars, hotels, restaurants, grocery stores, and convenience stores. Causes of slip and fall incidents include the lack of a sense of urgency to clean up a spill and not placing Wet Floor signs in the appropriate areas of a business.

A slip and fall can produce serious injuries such as head trauma and a fractured wrist.

Improper Lifting Technique

One of the most cited safety tips for employees that work in physically demanding jobs is to lift objects with their legs, not their backs. Nonetheless, some employees forget the timeless advice and end up straining a muscle. Pulled muscles and strained backs are common types of injuries for employees in the construction and manufacturing industries.

Repetitive Motion

Carpal tunnel syndrome (CTS) represents one of the most common types of workplace injuries. The injury can develop because of the constant typing done by an office worker, as well as because a warehouse employee performs the same arm motions during each shift when stocking products.

The most effective strategy for healing from CTS is time.

Knowing what to do after a workplace accident that causes you harm improves the likelihood of your employer approving a workers’ compensation claim.

Get Medical Care

The key to receiving compensation for the expenses associated with a workplace injury is to submit the bills associated with diagnostic tests, treatment programs, and physical therapy sessions. The first step in the workers’ compensation claim process involves receiving immediate medical care, even if you feel you have not sustained serious injuries. Some injuries, such as whiplash and a concussion, do not develop symptoms for hours or even a few days after an accident.

Inform Your Employer

Informing your employer about a workplace accident that produces one or more injuries is a requirement during the workers’ compensation claim process. You should report the incident as soon as possible after the accident because your employer needs to complete an accident report that describes the extent of your injuries, as well as what happened before, during, and after the accident.

The longer you wait to seek medical care and inform your employer about the accident, the less likely your employer approves your workers’ compensation claim.

Contact a Morgan and Morgan Workers’ Comp Attorney

We strongly encourage anyone who sustains injuries caused by a workplace accident to be proactive and not wait for a decision to be made by an employer. By contacting a Kentucky-licensed workers’ compensation lawyer before you file a claim, you receive the legal support required to submit the most convincing medical and physical evidence. An attorney also helps monitor the progress of your claim by interacting with a representative from the employer’s insurance company.

Complete and Submit the Claim Form

Some states require workers to submit a claim form to their employer and the state workers’ compensation board. The information that you submit must be accurate, such as providing accurate contact information and a detailed description of your injuries and what caused them. You also should list every witness and the contact information of your healthcare provider. After completing the right paperwork, submit the claim to your employer to start the review process.

A decision from your employer’s insurance company can take a week or a few months, depending on the complexity of your case. Your employer’s insurance company might conduct an investigation that slows down the review process.

What are the workers’ compensation laws in Owensboro, KY? The attorney assigned to your case from Morgan and Morgan will discuss the laws with you during a free case evaluation. The following three laws give you a head start when answering the question, “What are the workers’ compensation laws in Owensboro, KY.”

Coverage

Some groups, such as agriculture workers, some domestic employees, many religious organizations, and employees covered by federal statutes, are exempt from Kentucky workers’ compensation laws. All other employees can voluntarily receive coverage under an employer’s workers’ compensation program. The types of occupational illnesses and injuries covered are limited to physical injuries and the mental issues that arise because of the physical injuries.

Benefits for Coal Industry Workers

Because the coal mining industry contributes a significant amount of revenue to the state treasury, Kentucky workers’ compensation law provides special benefits for workers that have received a diagnosis of pneumoconiosis. Wage replacement equals 66 2/3 percent of average weekly pay. If a coal miner’s employer does not use a managed care plan, a worker has the right to select a physician as the primary healthcare provider. State law requires coal miners who choose their physicians to submit the Notice of Designated Physician form no more than 10 days after receiving the form from their employers.

Dispute Resolution Process

Kentucky workers’ compensation law allows your attorney to file an appeal of a denied claim with the Department of Workers’ Claims. You have 30 days to appeal a denied claim or a claim that you and your lawyer feel does not adequately compensate you for the expenses associated with your workplace injury or injuries. Going through the dispute resolution process is another compelling reason to hire one of the highly-rated workers’ compensation lawyers from Morgan and Morgan.

The attorneys at Morgan and Morgan stand out among our competitors for several reasons.

We Specialize in Handling Workers’ Compensation Cases

You cannot afford to hire a litigator who does not specialize in handling workers’ compensation cases. Kentucky workers’ comp laws include some unique statutes that require the legal expertise of a proven workers’ compensation attorney. At Morgan and Morgan, we devote an entire legal department to workers’ compensation lawyers.

Does Not Straddle the Fence

By straddling the fence, we are talking about attorneys who represent both employers and employees. Working with a lawyer who has divided loyalty can negatively impact your claim. The workers’ compensation attorneys at Morgan and Morgan represent workers, not employers.

Gets Claims Approved

Experience matters, but only if a workers’ compensation attorney demonstrates a record of success in getting claims approved. A successful workers’ compensation lawyer also gets denied claims approved either during an appeal or the dispute resolution process. Since 1988, Morgan and Morgan has established itself as the most successful law firm in the United States for handling workers' compensation claims. 

Legal Support the Entire Time

When you hire a workers’ compensation attorney from Morgan and Morgan, you work with the same litigator during the entire process. Some law firms assign an attorney to meet with a client for a free case evaluation, but then the lawyer delegates most of the case to a less experienced attorney.

Effective Communicator

Our attorneys explain complex legal terms in easy-to-understand language that does not rely on confusing jargon. If you have a general question, Morgan and Morgan provides a 24-hour-a-day toll-free number for clients to call. Your lawyer will return emails, phone calls, and text messages by the end of the same business day or first thing the next morning if the communication is sent after business hours.

Schedule a free case evaluation to discover how Morgan and Morgan can help you with your workers’ compensation claim.