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Workers' Compensation Benefits

To a person not familiar with the Kentucky Workers’ Compensation system, it can be a confusing maze of insurance rules and regulations. The main purpose of your employer’s workers’ compensation insurance carrier is to reduce the amount of money spent on a claim. What does this mean to you? You may not receive all the benefits you deserve. Let one of our experienced attorneys help guide you through the maze to ensure that you obtain all of the benefits you deserve.

Injuries

There are many questions to consider when determining if you have a workers’ compensation claim. Where did the accident occur? Most accidents and injuries occur on the employer’s premises but a valid accident can also occur off of the premises. What injury was sustained? A work injury can be more than just a broken bone, torn ligament, sprain, back or neck pain. It can also include repetitive trauma which is caused by the use of vibratory tools on an assembly line, using the same repetitive motion throughout the course of a shift, aggravation of arthritis pain or exposure to hazardous chemicals. How did the accident occur? An accident can also be caused by the negligence of a third person or defective factory equipment. A separate lawsuit can be pursued against the negligent person (but not co-workers) or manufacturer of the defective factory equipment to obtain damages in addition to workers’ compensation benefits.

Benefits

What benefits am I entitled to if injured on the job? There are three types of benefits in a workers’ compensation claim – income, medical and vocational rehabilitation. The two main types of benefits used by most qualified injured workers are income and medical.

Income

  • There are two types of income benefits, TTD (temporary total disability) and PPD (permanent partial disability). Both benefits are based on 2/3 of your gross average weekly wage for the year prior to the accident.
  • TTD is paid if you are taken off of all work by the doctor to recover from any injuries sustained as a result of the accident.
  • PPD/PTD is paid when a person sustains any permanent partial or permanent total disability. Permanent partial disability can occur when a person’s injuries are assigned an impairment rating by a physician or in the case of permanent total disability, an impairment rating and restrictions are imposed which prevent someone from returning to all work activities.

Medical

The workers’ compensation insurance company is responsible for the lifetime payment of all reasonable and necessary medical treatment needed for recovery from the work injuries.

Vocational Rehabilitation

Retraining may be awarded if your injuries prevent a return to your usual occupation for which you have training and experience.

If you need help with your worker’s compensation case or have questions about your benefits, please call Aguiar Injury Lawyers at (502) 400-6969 or contact us so that one of our experienced attorneys can assist you.

No attorney fee is taken unless compensation is awarded but fees and expenses are paid by the client.