PRESTONSBURG WORKERS' COMPENSATION ATTORNEY

Workplace injuries can happen in a variety of ways, and the circumstance of your injury will affect how our workers’ compensation attorneys in Prestonsburg can help. Whether you have sustained a muscular, bone, or head injury, a combination of all three, or something else entirely, you are still entitled to workers’ compensation benefits if it happened at work.

Your Prestonsburg workers’ compensation attorney may help you file and bolster your workers’ compensation claim in the following ways:

• Explain each step of the claims process;
• Gather relevant medical documents;
• Interview witnesses to support your claim;
• Consult with medical experts about the severity of your injury;
• Mediate with your employer’s insurance company; and
• File the claim.

In the event your claim is denied, all hope of receiving workers’ compensation benefits is not lost. Your attorney can continue to fight for you by filing an appeal to have your case reevaluated.

If you are able to collect the full benefits you are eligible for under workers’ compensation, they will go a long way towards making your life easier while recovering from a workplace injury. However, to get those benefits, you need to go through the workers’ compensation claims process. The workers’ compensation claims process entails the following steps:

Notice and Claim. You must notify your employer of your on the job injury within the time period established by workers’ compensation laws in Kentucky. Your employer must then complete a First Report of Injury form and submit it to the Kentucky Department of Workers’ Claims. You will then be required to complete paperwork regarding your accident. An attorney can help you complete these forms, each of which will request information on your work history, medical records and injury evaluation. After these forms are submitted to your employer, they will be sent to the Kentucky Department of Workers’ Claims.

Medical Evaluation. After your injury, it is very important to seek prompt medical attention to evaluate and treat your injury. This medical report will most likely be used in support of the existence of the injury, the extent of the injury, and the likely timeframe for recovery.

Evaluation Process. Once the claim is received, the Kentucky Department of Workers' Claims will assign your case to an Administrative Law Judge (ALJ). The ALJ will then notify all parties of its assignment and provide guidelines for submitting evidence or proof (typically 60 days from the date of assignment).

Your employer and their insurer must file a Notice of Claim Denial or Acceptance, which acknowledges and rejects specific issues in the claim within 45 days.

Once evidence has been submitted, the involved parties will receive notification detailing the date, time, and location of your benefit review conference.

This conference will try to reach a settlement between the parties, but if a settlement is not reached, the judge will schedule an official hearing to take place within two weeks after the conference. The judge is required to issue a written decision within 60 days of the formal hearing.

Both parties must file a Petition for Reconsideration, if sufficient grounds exist, to have the award, order, or decision re-examined within 14 days.

Appeals Process. If your claim has been denied, your attorney may be able to file an appeal with the Workers’ Compensation Board on your behalf if sufficient grounds exist.

Typically, workers’ compensation insurance pays out benefits for medical bills and replacement wages. Each case is different, though, so the specific circumstances of your injury will determine the benefits you receive.

In certain cases, though, there may be an additional way to receive compensation for your workplace injury. You may be able to file a third-party lawsuit if your injuries were caused as the result of a third-party, such as if the machine you were working with malfunctioned because of a defect and caused you injury.

If you were injured on the job in Prestonsburg, you may be eligible to receive compensation for medical bills and lost wages from your employer's insurance provider and in some cases a third party. To find out if you have a valid claim and how a workers’ compensation attorney in Prestonsburg may be able to help, please fill out of free case evaluation form today.