Workers' Comp Lawyers Serving Lexington, KY

When a worker is injured in a work-related accident or contracts certain diseases because of their jobin Kentucky, that worker in most cases is covered by workers’ compensation. The state-run workers’ comp program provides money to help injured or ill workers during recovery or permanent disability, and it assists the families of workers who die because of a Kentucky workplace accident or illness.

The Kentucky workers’ compensation program is administered by many rules that, because they must take into account all probable circumstances, have become lengthy and complex.Obtaining appropriate workers’ comp benefits can require extensive paperwork and multiple hearings. The workers’ compensation process can overwhelm a worker who is already working to overcome a serious injury or illness.

That’s where the Frank Jenkins Law Office can help. For more than 15 years, our Lexington workers’ compensation lawyers have been helping injured workers obtain the benefits they need and deserve. Contact the Frank Jenkins Law Office today by calling toll free at 859-389-9344 or by using our online contact form. Your initial consultation is free, and we don’t receive a fee until you recover benefits.

Basics of the Kentucky Workers’ Compensation Act

The Kentucky Workers’ Compensation Act establishes a state insurance program that is intended to compensate employees for work-related injuries or illnesses. The program is set up to provide money to help injured or ill workers meet their medical and recovery costs and to provide them with a portion of their lost income.

Kentucky workers’ compensation law recognizes three types of disability:

• Temporary total disability(TTD) is paid to a worker who has been unable to work for more than seven days. Payments are made for each day after the first seven. After two weeks of disability, the injured worker is to be paid for the first seven days as well. TTD benefits end when the worker has recovered sufficiently to be able to return to work or when a physician reports that the employee has reached maximum medical improvement. At that point, the worker may apply for permanent partial disability or permanent total disability.
• Permanent partial disability(PPD) is paid when “an employee … has a permanent disability rating but retains the ability to work.” PPD payments, which presume partially disabled workers will earn less than they made prior to their injury, are usually limited to 425 weeks.
• Permanent total disability(PTD) benefits are paid when “an employee … has a complete and permanent inability to perform any type of work as a result of an injury, and has an impairment rating.” Benefits are normally paid as long as total disability continues.

Benefits payments are based on a portion of the worker’s weekly pay prior to the injury. State-mandated formulas establish the benefit amounts for each type of disability.

In the case of a fatal workplace accident, the worker’s estate is to receive a lump-sum benefit. The surviving spouse and other dependents are eligible for ongoing payments that compensate them for the income lost because of the worker’s death.

SeekingWorkers’ Compensation Benefits in Kentucky

This is what the Kentucky Labor Cabinet, Department of Workers’ Claims says on its own website about the workers’ compensation claim process:

“Due to the complexity of the claims process, most injured workers hire an attorney to file a workers’ compensation claim for them. Nevertheless, employees may choose to represent themselves, but they will be held to the same standards as attorneys who present workers’ compensation claims.”

A workers’ comp claim begins with a form, known as an “Application for Resolution,” and additional forms that support the claim. They may include:

• Form 101 Application for Resolution of Injury Claim
• Form 102-OD Application for Resolution of Occupational Disease Claim
• Form 102-CWP Application for Resolution of Coal Workers’ Pneumoconiosis Claim
• Form 103 Application for Resolution of Hearing Loss Claim
• Form 104 Plaintiff’s Employment History
• Form 105 Plaintiff’s Chronological Medical History
• Form 106 Medical Waiver and Consent Form
• Form 107-I Physician’s Medical Report-Injury
• Form 108-HL Physician’s Medical Report-Hearing Loss
• Form 108-OD Physician’s Medical Report-Occupational Disease
• Form 112 Medical Dispute
• Form 115 Social Security Release Form

This is only the start. There are many other forms that may be necessary during the course of a workers’ compensation claim or appeal.

Many workers’ compensation cases are resolved when the employee and the employer (and the employer’s insurer) agree to a compromise settlement. However, if such a settlement cannot be reached, either party may appeal the ruling. There are several steps to the workers’ compensation claims and appeals process. Eventually, a workers compensation claim appeal could go to the Kentucky Court of Appeals, and then finally to the Supreme Court of Kentucky.

Instead of settling, many workers’ compensation insurers dispute that a worker’s injury was related to his or her job. This can result in a valid claim’s being rejected and force the injured worker to pursue what can quickly become a complicated and lengthy process.Consulting with an experienced workers’ compensation attorney can make the difference between an approval and further denials and lengthy delay.

Get Help Now from Our Kentucky Workers’ Compensation Lawyers

If you or a loved one needs legal assistance with a workers’ compensation claim, or if you have questions about appealing a denied claim, contact one of the experienced Lexington workers’ compensation attorneys at the Frank Jenkins Law Office today. Call 859-389-9344 or use our online contact form to set up a free and confidential consultation.

We serve injured workers in Lexington and the surrounding communities of Berea, Georgetown, Nicholasville, Paris, Richmond, Versailles and Winchester, as well as all of Eastern Kentucky. We can help you regardless of where you are in the workers’ compensation claimprocess.