Notify your supervisor or employer immediately of your injury.
Get necessary medical treatment.
Complete a written injury/accident report.
2. Why should I file a workers’ compensation claim?
Filing an accident report is not the same as filing a workers’ compensation claim. A claim must be filed within two years from the date of injury or two years from the date that you last received a temporary total disability check from your workers’ compensation insurance carrier.
Filing a claim protects your right to payment for medical treatment.
Filing a claim protects your right to future medical benefits.
Filing a claim may entitle you to temporary disability benefits.
Filing a claim may entitle you to permanent disability benefits.
Filing a claim may protect your right to vocational rehabilitation.
3. Can I choose my own doctor?
Your employer may also send you to their doctor, but you have the right to go to a doctor of your choosing.
You must be comfortable with your doctor and be able to talk to your doctor.
Not all doctors are created equal. Many doctors have different medical specialties.
If your employer’s workers’ compensation insurance is a Preferred Provider Plan (PPO), it may be necessary to check to see if your doctor is covered by your employer’s workers’ compensation insurance.
4. Do I need an attorney?
You need experienced help to navigate the workers’ compensation system and to get appropriate medical treatment.
The calculation of your disability benefits can be complex.
Workers’ compensation insurance companies are in the business of making money. They will review and evaluate your claim to minimize their costs and minimize the amount of money paid to you.
Your case may be worth much more than the insurance carrier offers you in settlement. Under certain circumstances the value of your claim may be doubled or tripled.
5. What will an attorney cost?
Initial consultation is free.
Attorney’s fees are contingent fees. You pay no attorney’s fees unless we get money for you.
Every attorney in Kentucky charges the same fee. This fee is set by the Commonwealth of Kentucky and is a percentage of your recovery.
6. What should I do if the insurance company offers a settlement of my claim?
Do not sign the settlement agreement without first talking to an attorney.
A reputable attorney will review the settlement proposal at no cost and tell you if the agreement is fair.
7. Will my employer fire me for filing a workers’ compensation claim?
An employer is not allowed to retaliate against an injured employee for filing a workers’ compensation claim.
An employer could be subject to legal action if they fire an employee for pursuing a workers’ compensation claim.