In the unfortunate event that you are seriously harmed while on the job, you have legal options. A seasoned workers’ compensation attorney knows how to properly navigate this critical concept. You could be entitled to significant workers’ compensation benefits in Florence. Contact us today to learn more.
Benefits Covered by Workers’ Compensation in Kentucky
The most important benefits that people are typically trying to recover are wage loss reimbursement benefits. Someone who suffers significant injuries is going to be out of work for long periods of time and that creates a major financial hardship on that worker and their family. It is important to secure those lost wage reimbursement benefits as quickly as possible for the entire duration that they will be missing time.
Another important benefit that injured individuals in Florence should get after applying for their workers’ compensation is the cost of medical care. Oftentimes, injured workers have surgical procedures which would normally have significant co-pays and other out-of-pocket expenses. They are not responsible for any medical expense payments within their workers’ compensation claim, so the employer must pay for all expenses incurred.
Another element to try to get out in front of as quickly as possible is making sure that the injured worker does not have to pay out-of-pocket medical costs and other expenses that they would otherwise incur during that time.
The Role of a Lawyer in Obtaining Benefits
First and foremost, just being able to get these workers’ comp claims off the ground as quickly as possible helps reduce the period of time where people have questions that are unanswered or they want to know where their benefits are. An experienced attorney has access to the insurance company and the employer to make sure that the benefits are flowing right away, as opposed to several weeks of delays.
Throughout the life of a workers’ compensation claim, there are sometimes disputes, like the insurance company wanting to deny medical treatment or suspend benefits. This is how a legal advocate is able to help and take the burden off of the person recovering. When injured workers try to handle these claims on their own, it interferes with their recovery and leads to a weaker claim.
How to Obtain Benefits
In Kentucky, it is the responsibility of the employer to notify the workers’ compensation carrier or the insurance company to start the claim. This means that benefits should begin automatically; but in reality, employers do not always notify their insurance carrier – and if they do, there are often significant delays. The best thing that an injured worker can do is to contact an experienced lawyer who can take over that process for them, notify the proper parties, and ensure that benefits begin flowing as soon as possible.
Average Weekly Wage
One of the most important factors in determining what an injured worker is entitled to receive is how much they were earning at the time of their injuries. This is referred to as an average weekly wage, and it is one of several important factors in determining what an injured worker is entitled to receive. A legal advocate can explain how to calculate this.
When is a Person Not Entitled to Workers’ Comp Benefits?
Generally speaking, anybody in Florence who is acting within the course and scope of their employment and suffers an injury is going to be eligible for workers’ compensation benefits. There are exceptions, however. Certain types of employees are not entitled to benefits, including agricultural employees. Many independent contractors are often not eligible to receive these benefits, pursuant to the Kentucky Workers’ Compensation Act.
There are other situations that effect whether or not an injured worker would qualify for benefits, which is why it is important to call a lawyer to make sure that the insurance company does not attempt to deny benefits.
An injured worker is not permitted to receive workers’ compensation benefits at the same time that they are receiving unemployment benefits. In order to receive workers’ compensation benefits, they generally have to be either permanently or temporarily disabled, or incapable of working. Consequently, in order to be eligible to receive unemployment benefits, they have to be ready, willing, and able to work but have yet to be hired. A person who is disabled is not considered “able to work” in this context.
Ask a Florence Attorney What Workers’ Compensation Benefits You Are Entitled To
After suffering a major injury, you will likely be in a serious financial situation. The medical bills will start piling up and you will not be able to work for an income to pay for it all. Call us immediately to learn what needs to be done for you to collect workers’ compensation benefits in Florence.