Workplace injuries are a common occurrence, spanning multiple industries throughout the state of Kentucky. If you have suffered an injury on the job, you may have various questions about what your options and rights are. Luckily, there are protections in place to help you secure compensation for any injuries incurred at work. Here’s what you should know.
Workers’ Compensation Insurance
Providing Coverage for Those Injured at Work
If you were injured while performing a work-related duty, there is a very likely chance that you can recover compensation through workers’ compensation insurance. Workers’ compensation insurance provides no-fault coverage for medical expenses, a percentage of lost wages, and disability benefits. The “no-fault” aspect of the system means that you do not have to prove that anyone’s negligence caused your injuries in order to recover benefits. so long as your injury happened at work or while performing a work-related duty, you are entitled to coverage. But the no-fault system also bars you from filing a claim directly against your employer.
To protect your rights to workers’ compensation insurance, it is essential that you notify your employer of your injury as soon as possible after it occurs. If you wait too long to provide notice, you could be barred from coverage.
Rights Under the Workers’ Compensation System
Besides the right to compensation for your injuries without having to prove fault, you also have the right to:
- Treatment and coverage for the full extent of your reasonable and necessary medical needs/expenses;
- Not be retaliated against – your employer cannot retaliate against you for filing a workers’ compensation claim;
- Report any dangerous conditions in the workplace without retaliation;
- Appeal a workers’ compensation decision;
- Return to your job if your injuries allow you to do so; and
- Seek legal representation throughout the entire process.
Filing a Third Party Liability Suit
In some cases, you may also have the right to bring forth a third party liability suit in addition to, or in place of, your workers’ compensation claim. While you are barred from filing a lawsuit directly against your employer if you are covered by workers’ compensation insurance, you may bring a lawsuit against another third party whose negligence was the proximate cause of your injuries. For example, if a severe injury was suffered as a result of an equipment malfunction, you could bring a third party suit against the manufacturer of that equipment if the equipment was defectively designed or manufactured.
Our Kentucky Injury Law Firm Is Here to Help You
It can be difficult to know what to do after a workplace injury occurs, and even more complicated to understand what your rights are and how to protect them. At the Harville Law Office, PLLC, our Kentucky personal injury attorneys have the experience and drive you are looking for in a legal representative. We will guide you through your options, and help you to pursue the appropriate claim type. We know how to appeal denied claims, and work with insurance companies and employers to get our clients the compensation they deserve.
If you are injured while at work, don’t hesitate to contact us. You can reach us today online, or by phone.