Workers' Compensation FAQ

At McLaughlin Burke, PLLC, we are here to answer your questions about workers' compensation claims in Kentucky. The most frequently asked questions we receive include:

Q: Who is covered by workers' compensation law?

A: Almost every employee is covered by workers' compensation laws. If you are an employee and were injured on the job, you are eligible for benefits unless rare circumstances apply. Federal employees, railroad workers and maritime workers are usually not covered by Kentucky workers' compensation laws, but are covered by similar laws.

Q: What injuries are covered under workers' compensation law?

A: Almost any physical injury is covered, including brain injuries, spinal cord injuries and repetitive stress injuries such as carpal tunnel syndrome. Psychological injuries may be covered if they stem from a physical injury.

Q: What if my benefits are denied?

A: Workers' compensation benefit denials are common, but they are far from the end of the road. You do not have to accept this decision. There are effective strategies an experienced workers' compensation lawyer can use to give you the best possible chance of obtaining the benefits you need.

Q: What should I do after suffering a work injury?

A: Employees are required to notify their employers of workplace injuries as soon as possible.

Q: Can I choose my own doctor?

A: Generally, employees can choose their own medical providers — you don't have to go the insurance company's workmans comp doctor. If your employer has a managed care plan, you can choose your provider from among the health care professionals included in that plan.

Q: What is an IME?

A: An IME is an independent medical examination. In Kentucky, insurance carriers often schedule IMEs to determine if an injured worker has reached maximum medical improvement or to determine an impairment rating to calculate the amount of permanent benefits he or she will obtain.

Q: What if my injury occurred before I was an employee?

A: An injury must take place at work to be compensable. However, if a pre-existing injury was aggravated or exacerbated by work activities, then it may be covered under workers' compensation laws. It depends on the nature of the injury and the extent to which on-the-job activities affected it.

Q: What workers' compensation benefits are available?

A: Workers' compensation covers medical bills, lost wages, vocational rehabilitation and permanent disability, depending on the nature and extent of the injury. Medical expenses include all services related to the cure and relief of the injured, for life, and must be paid by the employer within 30 days of receipt.

Q: How long do I have to file my claim?

A: The statute of limitations on workers' compensation claims in Kentucky is two years.

Q: How is my attorney paid?

A: Workers' compensation lawyers are generally paid on a contingent fee basis, meaning they get paid only if the client obtains benefits. If your claim is successful, your attorney fee will be a percentage of the amount you obtain.

We hope you find this general workers' comp FAQ helpful as you explore your legal options. For advice and information that applies specifically to your situation, contact our Shepherdsville lawyers by telephone at 502-277-9322 or send us an email.