Workers’ compensation is a form of insurance that nearly all employers in the state of Kentucky must provide to their employees. If an employee is injured while at work, the insurance coverage helps pay for any necessary medical treatment, as well as reimbursement for lost wages and some other important benefits to help the injured worker. Although the rules can change from state to state, there are certain common aspects of workers’ compensation in Florence that a trustworthy workplace injury attorney could explain to you.
How Workers’ Comp Differs from a Personal Injury Suit
In most personal injury lawsuits, the injured person must be able to prove that the defendant was at fault or negligent for causing their injuries. However, in a workers’ compensation claim, the injured worker only needs to prove that they sustained an injury while they were performing their job.
Common Causes of a Workplace Injury
Nearly all jobs come with some level of risk, but jobs that require heavy and/or repetitive lifting, working from heights, or heavy machinery have a higher rate of injury. Intensive physical movement is one of the common aspects of workers’ comp claims in Florence.
A lot of injuries are caused by people who have not been trained on how to lift properly or how to use machines correctly. Ultimately, they go into their work assignment not fully understanding all the safety protocols. While some injuries are random and accidental, the truth is that many of them could have been prevented with adequate training.
Requirements for Workers’ Compensation
The Kentucky Workers’ Compensation Act is a set of statutory laws that have been in effect for years and have been modified over time. They lay out the rules that employers and employees must follow, and the types of benefits that the injured workers are entitled to receive.
There are many common aspects to Workers’ Compensation Acts in other states, in that they provide benefits to injured workers who are temporarily or permanently incapable of returning back to work or need medical treatment. The laws in Kentucky do differ significantly from other state laws, such as the types of benefits that someone might be entitled to or how long an injured worker might have to pursue a claim.
Is the System in Kentucky Regulated Publicly or Privately?
The workers’ compensation system in Kentucky is a private workers’ compensation system. This differs from a state like Ohio which is a public system, meaning all employers pay into a state fund. In Kentucky, employers have two options: they can either purchase individual workers’ compensation insurance coverage for their employees or they can be self-insured if they meet several qualifications.
In a privately funded workers’ compensation system, carriers that administer the claims for the injured workers are private companies. In a state funded or publicly funded system, there is a government entity like the Bureau of Workers’ Compensation that has more of a direct role in how benefits are paid. Even in Kentucky there is some for government involvement, such as administrative law judges, the Department of Labor, and the Department of Workers’ Claims.
Underreporting Injuries
There are a lot of government entities, such as the Department of Labor and OSHA, that rely on the proper reporting of injuries to help educate employers. However, there is sometimes a belief that by underreporting these injuries, an employer can avoid a government response such as an OSHA violation or a penalty. It is critically important that these agencies have the information needed to make changes and keep people safe, which is why every aspect of the accident should be documented.
Discuss the Common Aspects of Workers’ Compensation with a Florence Attorney
Your accident may have been unique but it is likely that an attorney has handled a claim like yours before. There are enough common aspects of workers’ compensation in Florence that we can prepare for pitfalls in the case before they even happen. Contact us at your earliest opportunity to discuss what is needed in your particular situation.
