Paducah Workers' Compensation Lawyer

Work Injury Statistics and Data

According to data collected by the Kentucky Injury Prevention and Research Center, 97  employees died due to work-related injuries in 2022. The following industries noted the most fatalities:

• Transportation and Material Moving
• Farming, fishing, and forestry
• Construction and extraction
• Installation, maintenance, and repair
• Protective services
• Production
• Building maintenance

Even though those might be considered the most dangerous jobs in the state, there is a risk of injury with any job. Even office workers can become afflicted with back problems or repetitive stress injuries. When those injuries occur, workers are entitled to file for compensation under the Kentucky Workers’ Compensation Act. This is how the program is defined:

“The Kentucky Workers’ Compensation Act was enacted in 1916. Workers’ Compensation is a safety net for employees, providing medical care and monetary benefits when an employee cannot work due to a work-related injury or occupational disease. The system is the result of a mutually beneficial compromise that provides benefits for employees while limiting an employer’s liability for workplace injuries and diseases. This compromise can be found in Chapter 342 of the Kentucky Revised Statutes, commonly called the Workers’ Compensation Act.”

Because this system is no-fault, if you receive workers’ compensation benefits, you can’t sue your employer like you would sue a motorist you get into a car accident with. Additionally, your employer cannot deny you benefits even if you were at fault for the injury. The only exceptions are if you were found to be intoxicated on the job or intentionally injured yourself.

Although that seems straightforward, filing for workers’ compensation benefits is not without challenges. That is why you might want to involve an experienced Paducah workers’ compensation lawyer at the start of your claim. The Prince Law Firm has helped many clients achieve the maximum benefits for workers’ comp. Here’s what we can help:

Navigating the Work Injury Compensation Claims Process

As you might expect, the claims process can be complex and confusing. We are extremely familiar with how the filing process is designed. We also remain current on changes in the rules and regulations that could impact your claim. We’ll help you take the necessary steps to complete your form correctly.

Collecting Evidence

There is no guarantee that your claim will be approved. The best approach to bolster your claim is to gather irrefutable evidence. We will help identify what evidence you need and provide the guidance on how to collect it. That can include medical records, expert testimony, and evidence collected from the accident scene.

Representing You in Appeals

The workers’ compensation program involves independent insurance companies that your employer contracts with for coverage. Those insurance companies are entitled to scrutinize every claim. They will look for any excuse to deny your claim. If that happens, you are entitled to appeal. That will mean presenting the details of your accident and the impact on your life in a hearing before an adjudicator.

If you need to go through the appeals process, we will represent your interests by preparing the evidence and getting you ready to testify.

Maximize Benefits

Although workers’ compensation benefits are limited, we will strive to ensure that you receive the maximum benefits for medical treatment and lost wages.

Preventing Retaliation

There are many instances of workplace accidents in which the worker fears retaliation from their employer. They don’t want to make waves. An employer is not allowed to terminate an employee for filing a workers’ compensation claim. If that should happen, we can step in to protect your rights and take the appropriate legal action.

All of the support you find with a skilled Paducah workers’ compensation lawyer brings you peace of mind and helps with the healing process.

Common Causes of Injuries at Work

A crucial element of assessing your workers’ compensation claim is to focus on what type of accident you’ve experienced and how it happened. The following are some of the most common causes of a workplace injury:

Slip, and Fall

When you consider how they happen, falls are 100% preventable. According to the National Safety Council 865 workers died in falls on the job in 2022. Those falls can occur from common hazards like wet floors or cluttered walkways. They can also happen because of uneven surfaces and inadequate lighting. Falls can cause fractures, sprains, and traumatic brain injuries.

Overexertion and Repetitive Stress Injuries

A repetitive stress injury can result from a job that involves any kind of lifting, pushing, pulling, holding, carrying, or throwing. Carpal tunnel syndrome is a common manifestation of this type of injury and affects your ability to use your hands. Often, the prescribed treatment for this injury is surgery. This is also the type of injury that takes place over time.

Overexertion is another form of injury caused by physical labor. It can lead to muscle strains, back injuries, and hernias.

Machinery and Equipment Accidents

A job involving heavy machinery and equipment carries an increased risk of injury. This is especially true if the worker is not provided with proper training or safety gear. These injuries can cause cuts and lacerations, and in extreme cases, they can also cause amputations.

Falls from Height

A lot of physical labor involves climbing. Whether climbing a ladder, scaffolding, or a roof, there is a risk of falling from heights if there aren’t adequate fall protections in place. There are also issues with objects like hand tools, construction materials, and debris falling from heights and injuring workers on the ground.

Vehicle-Related Incidents

Vehicle-related incidents can happen on the job site and involve vehicles like forklifts or scissor lifts. On a busy loading dock or construction site, there can be a lot of traffic, with all kinds of trucks, trailers, cement mixers, and more traversing around the area. Serious accidents can happen if a vehicle driver lacks training or experience and doesn’t pay attention to safety regulations.

When you understand how and where accidents can occur, you can take proactive measures to prevent them from happening.

How To File a Workers’ Comp Claim

The Kentucky Department of Workers’ Claims (DWC) is the state agency that processes the workers’ compensation claims process. A worker can file on their own, but the site can be hard to navigate. It is essential you follow these steps to file a claim:

Inform Your Employer

Getting injured on the job should not be a secret. You need to inform your employer immediately, even if your injury initially appears minor. If it develops into something more serious, then you’ll want that first record.

See a Doctor

You need to see your doctor for an exam, diagnosis, and treatment for your injury. This might not be resolved with one visit to your doctor. Surgery, stitches, a cast, or physical therapy may be necessary.

Obtain an “Off Work Slip”

If your doctor believes your injury prevents you from returning to work, you must obtain a written “off work slip” that prescribes how long you need to stay out of work. That slip needs to be presented to your employer.

Consult With an Attorney

Even though workers’ compensation is designed for workers to sign up on their own, it would help to consult with a qualified Paducah workers’ compensation lawyer like the team at Prince Law Firm. We can help you make sense of the forms and ensure you are filing them with the right supportive documentation.

What To Expect from Workers’ Comp Benefits Coverage

Workers’ compensation benefits are designed to support workers when they are kept off a job because of an injury that occurred in the workplace. The following is a list of the benefits you can expect from an approved workers’ compensation claim:

• Medical expenses
• Return-to-work services such as occupational therapy
• Additional benefits can include:
• Your choice of a doctor
• Reimbursements for travel, medical devices, and prescriptions
• Payment for lost wages

It is important to remember that in most cases, your payment for lost wages will not be your full salary. It is usually two-thirds of a person’s average weekly wage. There could also be payments for injuries that result in permanent impairment or disability.

Death Benefits

If a death occurs within four years of the injury and is a direct result of that injury, the surviving family will receive a lump sum payment to cover funeral expenses. The surviving spouse and children can also receive salary payments of up to 75% of the decedent’s wages. However, those benefits could end if the spouse remarries or when the children turn 18.

Work With a Paducah Workers’ Compensation Lawyer

When you file your workers’ compensation claim, your approval will be granted by an administrative law judge or with a direct settlement from the insurance company. If you’re awarded benefits, you could receive them as ongoing payments for the duration of your recovery or as a lump sum payment.

Your work history and ability to return to work will impact the final amount. This is where the Prince Law Firm can help. If we agree to work with you on your claim, we will strive to ensure that you receive the maximum amount you are due. Our goal is to find a fair and fast resolution that will give you peace of mind and help you get on with your life. Our help begins with a free initial consultation where we can answer of lot of your questions about how the workers’ compensation program can work for you. Call to set up that talk today.