LEXINGTON WORKERS’ COMPENSATION LAWYERS

If you suffered injuries on the job in Lexington, you could be eligible for compensation for your medical bills, time away from work, and other expenses. Kentucky state law requires all employers with one or more employees to maintain workers’ compensation coverage. When an employee suffers an injury at work, they can file a workers’ compensation claim for damages. Although the process sounds simple, many workers run into challenges when trying to collect their benefits.

Our Lexington workers’ compensation lawyers at Hughes & Coleman Injury Lawyers want to help you get the compensation you deserve for your on-the-job injury. We will handle your workers’ compensation claim and take care of any unforeseen issues that might keep you from your benefits. A personal injury lawyer from our firm can also pursue private claims against any parties other than your employer that contributed to your injury.

For a free consultation with a member of our Lexington team, call us today at 800-800-4600.

In theory, the workers’ compensation program should make life easier for both employers and employees. Employers pay premiums on behalf of their workers. In exchange, they receive immunity from injury lawsuits on behalf of employees. Instead of suing their employer, a worker who gets hurt on the job must use the workers’ compensation system.

As for injured employees, though they lose the benefit to take legal action against their employers, the workers’ compensation system gives them a fast, straightforward way to collect benefits. When the system works the way it should, and no one tries to take advantage of it, both the employer and employee can benefit. The problem is, the system is not always perfect, nor does it work to the benefit of the injured employee 100 percent of the time.

Several things can go wrong when you file a workers’ compensation claim, but two issues are the most common:

• Your employer tries to deny the claim

You discover that your employer is out of compliance with workers’ compensation

Your employer has very few valid grounds to deny your workers’ compensation claim. Even if the injury was mostly your fault — for instance, you forgot to secure your safety harness or put a helmet on before starting a construction project — you remain eligible to file a workers’ compensation claim.

The limited circumstances under which your employer may deny your claim include:

• You were under the influence of alcohol or drugs when your injury occurred,
• You suffered your injury because you were behaving in a manner that was not simply careless but reckless or dangerous,
• You purposefully injured yourself, or
• Your injury did not result from a workplace accident.

Hughes & Coleman Fights Back Against Claim Denials

Often, when claim denials happen, it is the employer’s word versus the employee’s. And in many cases, an injured worker without legal representation does not know how to successfully manage all the aspects of a workers’ compensation claim and make an effective argument for benefits.

At Hughes & Coleman, our attorneys know the ins and outs of Kentucky’s workers’ compensation laws. We can anticipate any potential challenges by your employer, and we will be prepared to push back against those challenges with compelling evidence.

Another problematic scenario occurs when an injured worker files a workers’ compensation claim, only to find that their employer is out of compliance with the program. An employer loses its status with workers’ compensation when it does not pay the required premiums or keep up with reporting requirements.

If you were denied benefits because your employer was out of compliance with workers’ compensation, we have a few alternative methods to pursue the compensation you deserve.

If your injuries occurred at work or while carrying out job-related duties, we can file a workers’ compensation claim on your behalf. Sometimes, though, we can recover additional damages from a party other than your employer.

For example, let’s say you work for a construction company, and your work takes you to various job sites owned by different people. One location is in disrepair, with numerous hazards posing a danger to workers. While carrying out your job duties, one of these hazards causes you to suffer injury.

In this scenario, you are eligible for workers’ compensation from your employer, but you might also have a valid premises liability claim against the job site owner. At your free initial consultation, our attorneys will review the details of your injury and identify all responsible parties. If any third parties caused or contributed to your injury, we will let you know the options for pursuing a claim or lawsuit against them.

After an on-the-job injury, you could be eligible for a long list of damages. These include economic damages, which cover tangible financial losses, as well as noneconomic damages, which cover more subjective losses.

In addition to proving you deserve damages, we must also determine the value of the damages to which you are entitled.

The economic damages for which you might be eligible include:

• Medical bills
• Lost wages
• Reduced earning capacity (if your injury causes you to work fewer hours, get a lower-paying job, or retire from the workforce)
• The costs of prescription drugs

You might also qualify for the following noneconomic damages:

• Pain and suffering
• Emotional anguish
• Loss of enjoyment of life
• Loss of consortium
• Scarring and disfigurement