Kentucky Workers Compensation Lawyer

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In Kentucky, workers' compensation is mandatory. It is the employer's responsibility to provide the employee or the employee's family with medical and disability benefits due to a job-related injury or death. There are three major components to workers' compensation: medical expense pay, disability pay, and vocational rehabilitation.

Workers' compensation is a type of insurance that accommodates employees who need compensation for medical care due to an injury during the course of work in exchange for the employee's right to sue their employer for negligence. Plans vary according to jurisdictions, though they can be made for weekly payments instead of wages as a type of disability insurance, compensation for past and future economic losses, the payment or reimbursement of the medical expenses as a type of health insurance, and benefits payable to the depends of workers who were killed as a type of life insurance. Not included in worker compensation plans are punitive damages for employer negligence and general damages for pain and suffering.

In the state of Kentucky, agricultural employers are not required to secure workers' compensation.

Worker's compensation insurance coverage may be provided through a private insurance company or through a state fund, and some employers may choose to be self insured.

There are no time or monetary limits regarding medical benefits for those who are entitled to workers' compensation in Kentucky. Initially, the employer is required to choose the physician, but employees do have the right to request a different doctor or physician, or to request a second opinion. In order to request a change, the employee must apply to the Director of Workers' Compensation in Kentucky. The employer is only required to pay $500 toward medical bills if the employee seeks treatment from a doctor or physician which has not been agreed upon by the employer. Mileage reimbursement is given to employees if they must travel to see the physician.

Waivers are permitted, though there are no numerical exceptions. The waiting period for reporting an injury in hopes of compensation benefits is seven days. Compensation is retroactive if the disability continues for more than two weeks from the date of the injury. The attorney fees that are permitted at 20 percent for the first $25,000, then 15 percent for the next $10,000, and a five percent balance up to a maximum of $12,000.

For temporary total disability (TTD), permanent total disability (PTD), and permanent partial disability (PPD), payments are a percentage of the employee's weekly wages. Payments for TTD and PTD can last as long as the employee is disabled. Payments for TTD and PTD will no longer be received by an employee when they qualify for Social Security benefits. Payments for PTD and PPD can never exceed $100,000.

TTD benefits are paid when the employee cannot work, due to an injury, for a temporary time period. PTD benefits are paid when the employee is considered completely and permanently incapable of working due to an injury. PPD benefits are paid when the employee has complete or partial loss of a body part due to an injury.

In the state of Kentucky, physical and mental rehabilitation benefits are usually provided for the injured employee, as long as they are eligible for workers' compensation.

If the employee dies as a result of his or her injury, death benefits are given to their spouse or the spouse and children. Death benefits are a percentage of the employee's wages. The spouse and children shall receive at least a minimum benefit, regardless of the employee's past earnings. Compensation for burial expenses may be available for up to $5,000.

It's important to choose a lawyer attorney whom you feel comfortable with, because they can help to alleviate a lot of the stress that is associated with an injury and finances. While you focus on your own recovery, they focus on getting you your fair share.


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