WORKERS' COMPENSATION ATTORNEY IN OWENSBORO

If you were injured while performing job duties or developed an occupational illness, you likely have a compensable claim. Workers’ compensation is a no-fault system, meaning you don’t need to prove your employer did anything wrong; you only have to show the injury arose from your employment.

Kentucky workers are covered whether they slipped, lifted something heavy, were struck by equipment, inhaled toxic substances, or developed a repetitive stress condition. Even pre-existing conditions that were aggravated by work may qualify.

Most physical and occupational injuries are compensable, including:

• Back, neck, and spinal injuries
• Shoulder, knee, and joint damage
• Fractures, crush injuries, and amputations
• Burns, electrical injuries, and chemical exposure
• Hearing or vision loss
• Repetitive motion injuries like carpal tunnel
• Work-related heart attacks or strokes
• Occupational diseases, including lung conditions

If the injury required medical treatment or caused you to miss work, even briefly, it should be reported and evaluated as a workers’ compensation claim.

Kentucky requires employees to report workplace injuries “as soon as practicable,” which essentially means you should notify your employer as quickly as possible. Waiting too long can lead to disputes over whether the injury occurred on the job. Always report it promptly, ideally in writing, and request a copy for your records.

There is also a legal window for filing a formal workers' compensation claim, but the exact filing deadline depends on the details of your case. Missing that window can affect your ability to receive benefits, so it’s best to speak with an attorney early to ensure everything is submitted on time.

Workers’ compensation provides several categories of benefits:

• Medical treatment: 100% of approved medical care with no co-pays.
• Wage replacement: Temporary Total Disability (TTD) payments while you’re unable to work.
• Permanent disability benefits: Compensation for lasting impairment.
• Vocational rehabilitation: If you cannot return to your old job.
• Death benefits: For families who lose a loved one to a workplace accident.

Your attorney can calculate the full value of your benefits and ensure nothing is overlooked.

In Kentucky, you generally can choose your own doctor. However, employers and insurers may pressure you to use “preferred” providers or IME (Independent Medical Examination) doctors whose findings favor the insurance company. A lawyer helps ensure you receive unbiased medical care and protects you from being directed back to work too soon.

Denials are incredibly common and often unjustified. If your claim is denied:

• Request the denial letter.
• Contact an attorney immediately.
• Gather medical records and incident reports.
• Avoid returning to work against medical advice.

Your lawyer can file an appeal, introduce additional evidence, and represent you at a Benefit Review Conference and ALJ hearing.

Yes, if a third party contributed to your injury.

Examples include:

• A negligent subcontractor on a job site
• A defective machine or tool
• A careless driver who caused an on-the-job crash

Workers’ compensation covers medical bills and lost wages, but it does not pay for pain and suffering; third-party lawsuits can.

Workers’ compensation provides several types of wage-replacement benefits, each calculated differently depending on your situation. The most common is Temporary Total Disability (TTD), which generally pays a portion of your average weekly wage while you’re unable to work due to your injury. These benefits are typically calculated as a percentage of your regular earnings, up to a state-regulated maximum.

If you’re medically cleared to work but can only return in a reduced capacity, earning less than before, you may qualify for Temporary Partial Disability (TPD) benefits to help make up the difference.

For long-term injuries, Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) benefits may apply. These payments depend on several factors, including:

• Your official impairment rating assigned by a physician
• Your age
• Your education level
• Your work restrictions or physical limitations

Because these formulas are complex, even small errors can significantly reduce your total compensation. Insurance companies frequently miscalculate wage benefits, so having an attorney review your pay rate, medical documentation, and impairment determination helps ensure you receive every dollar the law allows.

Retaliation is illegal in Kentucky. Examples include:

• Cutting hours
• Harassment or pressure to quit
• Demotion or job reassignment
• Wrongful termination

You may be entitled to additional compensation if retaliation occurs.

If your claim is denied, the appeals sequence typically includes:

• Benefit Review Conference
• Administrative Law Judge (ALJ) hearing
• Workers’ Compensation Board appeal
• Kentucky Court of Appeals
• Kentucky Supreme Court (in rare cases)

Morgan & Morgan prepares your evidence, handles hearings, and presents medical expert testimony.

Your attorney:

• Coordinates medical evaluations and independent specialists
• Gathers evidence proving the accident occurred at work
• Challenges IME reports that downplay your injuries
• Fights improper denials and delays
• Calculates all owed benefits
• Represents you at every hearing and appeal
• Shields you from employer or insurance pressure

Our size gives injured workers leverage; insurers know we don’t back down.

Hiring a workers’ compensation lawyer should never add financial stress to an already difficult situation, and with our firm, it doesn’t. There are no upfront costs, no retainers, and no hourly fees to get your case started.

We work entirely on a contingency fee basis, which means you only pay a fee if we successfully secure benefits or a settlement for you. If we don’t win, you owe us nothing.

Kentucky also places limits on attorney fees in workers’ compensation cases, ensuring that legal representation remains accessible for injured workers across the state. This fee structure allows you to focus on your recovery while your attorney handles the legal and insurance obstacles standing between you and the benefits you’re entitled to.

Employers and insurers often attempt to:

• Argue your injury was “pre-existing”
• Claim the injury didn’t occur at work
• Insist you can return to work before you’re ready
• Ignore your doctor’s restrictions
• Send you to biased IME doctors
• Delay paperwork or medical authorization

A lawyer stops these tactics immediately.

What you do in the hours and days after a work injury can make a major difference in how smoothly your claim moves forward. Taking the right steps early helps protect both your health and your legal rights.

• Report the injury to your employer right away.
• Get medical treatment and tell the doctor it’s work-related.
• Document your symptoms daily.
• Save all correspondence, bills, and pay stubs.
• Speak with a workers’ compensation attorney before insurance contacts you.

Following these steps creates a clear record of what happened and prevents the insurance company from disputing or minimizing your claim later. An attorney can guide you through the next phase and ensure you don’t miss any important deadlines.

Local attorneys understand:

• Owensboro hearing offices
• Local Administrative Law Judges
• Employer practices in the region
• Regional medical providers and IME doctors

This regional familiarity helps strengthen your claim and avoid delays.

A work injury shouldn’t threaten your health, your paycheck, or your future, but Kentucky’s workers’ compensation system can be frustrating to navigate alone. Morgan & Morgan fights for Owensboro workers to receive full medical treatment, wage replacement, and long-term benefits without delay.

If your claim was denied, delayed, or mishandled, you don’t have to face the system by yourself.

Fill out a free case evaluation today and let our Owensboro workers’ compensation attorneys fight for the benefits you’ve earned.