‘What Benefits Am I Entitled To?’
There are different types of benefits you may be entitled to receive under Kentucky’s workers’ compensation system. If you come to see our lawyers at Robinson Salyers, PLLC, in either Shelbyville or Frankfort, our attorneys can explain them to you.
The Types Of Workers’ Compensation Benefits
Depending on the nature of your work-related injury, you may be able to receive:
You are entitled to lifetime medical treatment reasonably necessary to treat your work injury as part of your workers’ compensation benefits. The insurance company may hire a doctor you have never met or seen to deny treatment recommended by your doctor. Or it may try to deny diagnostic imaging, such as an MRI or CT scan, before knowing your diagnosis. The insurance company could also attempt to return you to work too quickly, setting you up for failure. You have a right to fight these actions.
You are entitled to a tax-free portion of your wages while your doctor has you off work for your injury. These benefits can be miscalculated and underpaid by the insurance company. Further, you could be returned to work too quickly while being unable to go back to full duty. You have a right to challenge these actions.
You may have a permanent disability after being released from treatment. If so, you have a right to compensation and other future benefits, such as medical treatment. However, there are many issues that can prevent full and fair benefits to you. The insurance company’s doctor could unfairly determine you have little to no impairment or that you can return to work when you are unable to do so. Further, the insurance company could send you settlement paperwork that does not fully compensate you or leaves you with no future medical or other benefits. You should never sign settlement paperwork without consulting an attorney. You cannot count on the insurance company to explain your rights to you.
Lump sum settlement
In Kentucky, the insurance company may elect to pay your disability benefits on a weekly basis, typically over eight to 10 years. It may be possible to negotiate a lump sum settlement. However, this may not always be in your best interests, particularly if you want to keep some of your future benefits, such as the right to medical treatment.
Most people do not know there are other benefits available to them if they have been injured at work. These include vocational retraining, a right to reopen your case if your injury worsens and future medical benefits. Do not assume the insurance company will tell you about these benefits. In fact, some insurance companies will simply stop contacting you after you have been released from treatment even though you have remaining benefits. If you wait too long to make a claim, you can lose your right to do so.
To learn more about your rights to claim certain benefits, contact Robinson Salyers, PLLC, today to schedule a free consultation. Call our Shelbyville office at 502-220-4439 or our Frankfort office at 502-257-5417. Hospital and home visits are available.