LOUISVILLE WORKERS’ COMPENSATION LAWYERS

Did you recently suffer injuries on the job in Louisville? You could have grounds for a workers’ compensation claim and perhaps additional damages from other responsible parties. The Louisville workers’ comp lawyers at Hughes & Coleman Injury Lawyers can help you recover the compensation you deserve. Our team fights for the rights of injury victims in the Louisville area.

Before you start the process of filing for workers’ comp, speak with a Hughes & Coleman team member for a free case evaluation. Our personal injury lawyers can help you avoid many of the pitfalls that have snagged other injured victims as they try to collect the compensation to which they are entitled. We operate on a no-win-no-fee basis, meaning we do not get paid until you do.

To schedule an appointment, call 800-800-4600 today.

In Kentucky, all companies that employ one or more workers must maintain workers’ compensation coverage. Employers pay into the program on behalf of workers who can recover benefits after an injury.

When it operates the way it should, the workers’ compensation program benefits both employers and employees: Employers benefit because if they remain in good standing with workers’ comp, they are immune from lawsuits from injured workers; employees benefit because the program offers a streamlined way to recover injury compensation.

Unfortunately, the program does not always work as it should. In fact, according to statistics from the U.S. Department of Labor, as of July 2018, Kentucky employers and insurers have denied many more workers’ comp claims than they have approved. Out of 17,044 claims filed, only 5,505 received payment.

This means that there is a high chance you will face challenges collecting the benefits you deserve. Two of the most common challenges are:

• An employer denying a claim
• An employer who is not in good standing with the program

Your Employer Might Deny Your Claim

Employers have a financial incentive to deny workers’ comp claims when possible. Just as car insurers do, workers’ comp insurers can charge higher premiums to those employers who file a lot of claims. It is therefore in your employer’s best interest to keep its claims to a minimum.

But employers cannot deny workers’ comp claims for just any reason. Even if a worker’s injury was due to the worker’s own carelessness, their claim is still valid most of the time. If your employer wishes to deny your claim, it must be because:

• You were intoxicated at the time of injury;
• You intentionally caused your own injury;
• Your injury was not work-related; or
• You were behaving in a grossly reckless fashion.

The Hughes & Coleman Injury Lawyers team can anticipate such assertions from your employer and can counter them with compelling evidence showing why your claim is valid.

Your Employer Might be Out of Compliance with Workers’ Compensation

The other potential challenge is that you file a workers’ compensation claim, but your employer is out of compliance with the program. This usually happens when a company fails to keep up with its workers’ comp premiums.

How we resolve this issue depends on several factors, which your attorney will go over with you after reviewing your case. But rest assured, we will work to identify multiple avenues to recover compensation even if your employer is not in good standing with workers’ comp.

Most people associate work injuries with workers’ compensation. And while the program is the logical first place to turn after getting hurt on the job, it is not always the only place from which you can recover damages.

If a party other than your employer caused or contributed to your injury, we can seek damages from them in a claim or lawsuit. Potentially responsible third parties include the following:

Job Site Owners

The owner of the job site where your injury occurred might be liable under premises liability laws, in which case we can pursue them for damages on the basis that they knew of (or should have known of) the hazardous condition on their property that caused your injury and should have protected you from it.

Manufacturers

If a specific tool or product caused your injury, such as a defective piece of construction machinery, we might be able to pursue the manufacturer for damages on the grounds that its defective product injured you.

Third-Party Contractors

If another party on your jobsite caused your injury to occur, we can build a case and pursue them for compensation.

Once we review your work injury claim, we can get a better idea of how much it is worth. Generally, workers’ compensation limits your recovery to the cost of your medical bills and a portion of your lost wages. If we also seek damages from a third party, though, you might be eligible for several additional damages.

Medical Bills – These include your hospital stays, doctor visits, surgeries, physical therapy, rehabilitation, prescription drug costs, and more.

Lost Wages – The paychecks you lost while missing work to recover from your injury.

Reduced Earning Capacity – The difference between what you are now capable of earning and what you might have been able to earn had you never been injured.

Pain and Suffering – The physical discomfort you have had to deal with in the aftermath of your injury.

Emotional Anguish – The mental, emotional, and psychological effects of your injury, including fear, depression, anxiety, and recurrent nightmares.