Compensation Rights
Kentucky Workers’ Compensation law enables workers to secure benefits for work injuries. Even when an employee is responsible for an accident on company property, the employee may receive benefits. The no-fault system enables workers to receive compensation for work injuries under most circumstances.
Workers’ Rights to Medical Care in Kentucky
Workers’ compensation laws vary from state to state. In Kentucky, workers are able to select their treating physician. If the employer has an authorized managed care program, the doctor chosen by the employee will be from the list of physicians in the program. This can significantly limit a worker’s choice of providers. Injured workers who are not satisfied with their medical provider have the right to change physicians on one occasion with no questions asked. Workers can also receive reimbursement for travel costs for their medical care.
Workers’ Rights to Job Retraining
Injured workers who can no longer perform their jobs may receive job retraining benefits, also known as vocational rehabilitation benefits. Workers eligible for retraining are referred to an evaluation center. A state specialist will then work with the injured worker on rehabilitation goals. Together, the specialist and the employee create a plan on retraining for future employment. Clark, Cornett and Smith helps workers access and exercise their right to job retraining.
Timely Filing
If you are injured, you should schedule a no-cost consultation with a workers’ compensation attorney at Clark, Cornett and Smith to learn what filing deadlines apply in your case. It is very important to file your claim for a work injury in a timely and complete manner, or your right to benefits may be time-barred.
Exceptions to Coverage
Workers’ compensation claims are usually denied if the accident was caused by deliberate misconduct or from inebriation. Benefits can also be denied if the injuries resulted from roughhousing among colleagues. Describing the cause of injury properly is essential to the success of any claim.
Complementary Claims
A good workers’ compensation lawyer can help you identify elements to your claim that are not readily apparent. We frequently help injured workers obtain social security disability benefits in addition to workers’ compensation benefits. We have successfully pursued product liability claims and safety violation claims in cases that arose out of workers’ compensation claims. At Clark, Cornett and Smith, we have over 60 years of experience in this area of the law.
Attorney Fees
Clark, Cornett and Smith takes workers’ compensation cases on contingency. We will only recover a fee if we win or settle your case. Our fee schedule is 20% of the first $25,000 you are awarded, 15% of the next $10,000 you are awarded, and 5% of any award greater than $35,000. Our total fee will not exceed $12,000. We will pay the costs necessary for your case, and we are only reimbursed if we are successful in your case. We will obtain the Judge’s approval of our fees. Competitive pricing requires us to be successful in our work. Please call us at (859) 219-1280 for a free evaluation of your case.
