Injured employees have the opportunity to seek benefits through the state workers’ compensation system. This system is considered “no-fault,” meaning benefits should be paid no matter who was responsible for the work-related injury. In reality, insurance companies find excuses to deny employees’ injury claims every day.
If you sustain a work-related illness or injury, you could be entitled to benefits through the workers’ compensation system. A dedicated personal injury attorney could guide you through the process and address unreasonable denials of your claim. Before you file a claim on your own, it is highly recommended you speak with a Park Hills workers’ compensation lawyer.
Many people are covered by employees’ compensation insurance. Most businesses with five or more employees are required to maintain a workers’ compensation insurance policy. There are some significant exceptions to be aware of, including:
Not every injury will qualify for these benefits. These policies are designed only to cover work-related injuries or illnesses. Often, that involves sudden injuries that occur while on the job. If an injury forms due to an accumulation of work-related stress, it could also be covered even if the symptoms do not first appear while a worker is on the clock.
To qualify, a work-related incident must be the “prevailing factor” that requires medical care. This could be exposure to a toxic chemical or a fall from scaffolding. If an injury or illness arises out of the course of employment, it could lead to a successful employees’ compensation claim. A Park Hills workers’ comp attorney could advise an injured employee if their condition meets this standard.
Many employers and insurance companies dictate which doctors someone can see when determining the extent or severity of a workplace injury. Unfortunately, this means the injured worker may not be getting an accurate diagnosis. A trusted Park Hills attorney can get a second opinion from a medical professional who will take the time to assess the full scope of an injury and provide unbiased advice.
With a second opinion in hand, we challenge the findings of an employer or their insurance company, to ensure the full extent of a situation is evident in the proceedings. Whether it is bodily harm, psychological trauma, or a long-term, lasting injury, we ensure that a harmed worker is awarded the benefits they deserve.
The benefits available through a successful workers’ compensation claim are designed to provide an injured employee with immediate medical care as well as replacement income. A Park Hills employees’ benefits attorney could provide guidance on what aid might be available.
Reimbursement for medical care is a central aspect of this aid. If a claim is accepted, the insurance provider must pay for any treatment needed for the work-related illness or injury. There are some limitations, however, as the employer has the right to select the medical provider.
Benefits for lost wages are also an important consideration in these cases. The amount of lost wages a worker is entitled to recover depends on their gross average salary at the time of the illness or injury. Generally, an employee can recover two-thirds of their salary each week up to a set maximum. This maximum increases each year along with inflation.
There could also be benefits for long-term or permanent disability. A worker unable to return to work could see their wages replaced for years to come. The severity of their condition and their ability to eventually return to the workplace will determine what aid is available.
Workers’ compensation benefits could make an enormous difference in your life following a work-related injury or illness. The reality is that insurance companies are not always interested in holding up their end of the bargain.
A Park Hills workers’ compensation lawyer could help you hold the insurance companies accountable and pursue the benefits you need. Call right away for your confidential consultation.
Maynard & Joyce, LLC