Best Workers Compensation Attorneys in Lexington

FAQs

• What is the non-emergency contact number for the local police station in Lexington, Kentucky?

  If you need to speak to the police in Lexington for a non-emergency concern, please call 859-258-3600.

• Where can I get a copy of police report for incidents related to my case in Lexington, Kentucky?

  To obtain a police report copy for your case in Lexington, you can send your request through fax to 859-425-2270, email it, or fill out an Attorney General-approved form and send it to ORR@lexingtonky.gov. You can also visit the Open Records Unit of the Lexington Police Department located at 150 E. Main St., Lexington, KY 40507, or send your request via mail to the same address.

• Who is responsible for handling workers' compensation claims in Lexington?

  The Department of Workers' Claims is responsible for handling workers' compensation claims in Lexington. If an employee is injured on the job, they must file their claim with the department within two years of the injury. Note that the department does not provide benefits to the injured employee; it is the employer's responsibility to provide compensation. The department has exclusive jurisdiction over these claims and will ensure that the employer pays the appropriate benefits to the injured worker.

• What is the usual waiting time for workers' compensation claimants in Lexington to receive their settlement money?

  After the Judge of Compensation of Claims approves a workers' compensation claim in Lexington, the claimant typically waits 45-60 days to receive their settlement money. The insurance company is given 30 days from the judge's approval to make the payment. If the company fails to do so, it will incur a penalty of 20% of the settlement amount. This provision guarantees prompt payment to the claimant and encourages insurance companies to avoid delays.

• What is the typical payment method for workers' compensation settlements in Lexington?

  In Lexington, workers' compensation settlements are commonly paid in lump sums. A lump sum payment serves as an advance on the worker's benefits, which means that the worker will receive a one-time payment instead of regular payments over time. If a workplace-related death occurs, qualified family members can receive a lump-sum payment to cover burial expenses and other costs.

• Are sole proprietors in Lexington required to have workers' compensation insurance?

  Sole proprietors in Lexington are not required to hold workers' compensation insurance. Even though it is not mandatory, they have the option to elect coverage by paying a payroll sum of $50,800. Opting for workers' compensation insurance can provide financial protection to employees of sole proprietors in case of work-related accidents or illnesses.

• What are the responsibilities of a supervisor following a workplace accident in Lexington?

  When a workplace accident occurs in Lexington, the supervisor is responsible for completing the First Report of Injury, as per KRS 342.038. After completing the form, the supervisor must send the report to the insurance company within three working days. This process guarantees that the claim is processed promptly and that the injured worker is adequately compensated. Failure to meet the deadline may result in adverse legal and financial consequences for the employer.

• What does a workers’ compensation attorney do?

  Workers’ compensation attorneys help injured employees recover monetary benefits following workplace accidents and illnesses. Attorneys in this practice area provide legal advice, gather evidence, review medical records, prepare petitions, and negotiate insurance settlements. They also represent clients’ interests during court cases and administrative hearings overseen by state workers’ compensation boards.

• What are the benefits of filing a workers’ compensation claim?

  Workers’ compensation insurance gives employees access to vital cash benefits in case of workplace injuries or illnesses. Filing a claim can help injured workers pay for medical care, physical therapy, and essential living expenses while they recover from a temporary or permanent disability. Workers’ compensation also pays for funeral and burial expenses following fatal workplace injuries.

• How long does a workers’ compensation claim stay open?

  Workers’ compensation claims typically remain open as long as the individual is receiving treatment or until the injured party reaches maximum medical improvement. This milestone varies for each person, and it can take years to determine whether a disability is temporary or permanent. Additionally, there’s a fixed time limit for filing a lawsuit. The statute of limitations can be anywhere from six months to two years from the date of the injury or the date of the last payment, depending on the worker’s state of residence. A qualified attorney can explain your state’s specific rules.

• What is the average payout for a workers’ compensation claim?

  Nationally, the average workers’ compensation claimant receives $21,800. Payouts range from $2,000 on the low end to upwards of $60,000 for well-compensated workers in high-income areas. The exact amount depends on the claimant’s average weekly paycheck, the extent of the injuries, and their state of residence. Individuals who accept an insurance settlement or initial offer typically receive less than those who negotiate or have an attorney represent them before an arbitrator or workers’ compensation judge.

• How are settlements calculated in workers’ compensation cases?

  Settlements typically cover current and future medical expenses, vocational rehabilitation or retraining, and two-thirds of lost wages. The total amount may vary depending on whether the worker’s disability is temporary or permanent. Workers’ compensation also pays death benefits, including funeral expenses and two-thirds of wages for up to 25 years or a state-specified maximum.

• What is workers comp?

  Workers' compensation is an insurance program that provides medical care, rehabilitation, and other benefits for employees who are injured or fall ill while performing assigned work duties. Common reasons for filing a workers' comp claim include slip and fall injuries, machinery accidents, or muscle strains while lifting heavy items.

  All businesses must carry some form of workers' compensation insurance, with minimum guidelines imposed by the state of residence. Workers' comp is intended to safeguard both the employee and the employer by providing a social safety net. This can protect companies from civil suits and guarantee that injured employees receive the benefits they need.

• What does workers comp cover?

  Workers' compensation insurance covers benefits associated with a wide range of accidents and illnesses that may occur in a place of work. This can include:

  • Medical benefits, such as payments for treatments, hospitalizations, or surgeries
  • Compensation for lost wages while not working
  • Coverage for ongoing care, such as physical therapy
  • Continued access to benefits, including insurance provided through an employer
  • Disability benefits, if an injury results in a permanent loss of functioning in some manner
  • Death benefits and funeral expense coverage

  How and when workers' compensation coverage applies depends on the illness or injury in question and the results of a medical exam. An unsatisfactory ruling by an insurer can be appealed with help from a workers' comp attorney.

  
  

• What does a workers comp defense attorney do?

  A workers' compensation defense attorney is a legal professional who represents the employer in a workers’ comp case. Typically, the defense attorney works to minimize the employer’s liability and reduce the amount of benefits to be paid out.

• When does workers comp start paying?

  How and when workers' comp starts paying can depend on both the circumstances and the state in which an injury took place. In most areas, benefits related to medical care start paying out immediately, even before a claim is formally processed or accepted. Once a case is approved, injured workers may be entitled to other benefits, including coverage for lost wages.

• How much is workers comp insurance for self-employed people?

  Workers' compensation isn't required for self-employed individuals, but those working in dangerous industries, such as construction or manufacturing, may choose to purchase policies. In some cases, employers may request this coverage when hiring a contractor. While costs will vary based on industry and location, most freelancers can expect to pay around $25 to $50 per month.

• How do I file a workers comp claim?

  A workers' comp claim is best filed as soon as an injury occurs. In some states, there are time limits, such as one month following an incident.

  After an injury, an employee must notify their employer. The employer must then provide access to the necessary forms and offer guidance. Employees must fill out all forms and return them to the employer who then files them with the insurer. Some states have additional requirements, including assessment by a medical provider. Once the paperwork has been filed, the insurance provider issues a ruling. If the ruling is unfavorable, the employee may choose to appeal the decision with the support of an attorney.