FAQs

A personal injury lawsuit may seek compensation for several different types of "damages" including the following: lost income, medical treatment, pain and suffering, loss of consortium and mental anguish. The types of damages you may recover will depend largely on the type of injury you sustained and the treatment you received. Contact our firm today to schedule a consultation to discuss your case!

While it's true that you don't always need to hire a lawyer to represent you in court, you will most likely want to hire a professional injury lawyer if you are looking for compensation for a severe or permanent injury, the wrongful death of a loved one, medical malpractice, or any complex cases where it's possible you will be denied a settlement or offered less than the amount you need to cover your medical expenses.

Yes. According to § 413.170 if the individual who was injured was under the age of 18 or has been declared legally incapacitated, a lawsuit may be filed up to 1 year after the individual turns 18 or is no longer considered incapacitated. In addition, § 413.190 states that if the defendant is no longer in the state or makes an effort to hide themselves then the clock is essentially "paused" until the defendant can be located.

If you fail to file your personal injury lawsuit within the specified time frame, you run the risk of the opposing party asking the court to dismiss your case.

Every state's laws are different, but Kentucky's statute of limitations (Kentucky Revised Statutes § 413.140(1)(a)) allows individuals to file a personal injury lawsuit up to 1 year after the date of their accident. This timeline is significantly shorter than other states', so it's important to act immediately to file your claim!

Absolutely not. If your insurance company (or someone else's) has offered you a settlement for your injuries, you should not accept it without first consulting with your injury attorney to ensure that you are receiving maximum compensation for your injuries. You don't want to short-change yourself by accepting an amount that will not cover all of your expenses!

Workers’ compensation is a set of state-level laws that require employers to provide you with benefits when you are injured or develop an illness while on the job. This system helps cover your medical treatment and may also provide you with compensation for your lost wages and future disability. The purpose of workers’ comp is to help employees obtain medical care and financial support for work-related injuries and illnesses quickly, and, hopefully, without the need for lengthy lawsuits against their employers.

Workers’ comp should cover all medical expenses related to your injury, which may include hospital or doctor visits, prescription costs, medical equipment, mileage, and necessary rehabilitation like physical therapy. If you are unable to work for more than seven consecutive days due to your injury, you may also receive payment for a portion of your lost wages, typically 66.6667% of your Average Weekly Wage. Workers’ comp can also provide disability benefits if you have a permanent injury or impairment rating, and death and survivor’s benefits to your Estate and/or dependents if a work injury is fatal.

In Kentucky, most employers with one or more employees are legally required to carry workers’ compensation insurance. Employers who fail to maintain proper insurance may face penalties, and you may still be able to file a claim through the state’s Uninsured Employers’ Fund if your employer doens’t have the required insurance coverage.

In most cases, you must file within two years of the date of the workplace accident, or within two years of the date of the last payment of Temporary Total Disability Benefits, whichever is later. The statute of limitations for cumulative trauma and occupational diseases is more complicated, and you should speak to an attorney to ascertain the specific limitations period for these injury claims. If you failed to file your claim within this timeframe, you will not be able to collect benefits.

In Kentucky, you can always choose your own doctor! However, if your company and/or its insurance carrier participates in a Managed Care Plan, you must choose a doctor within that network. Insurance companies and employers may try to pressure injured workers into going to their preferred occupational injury clinics - this is not required. Subject ot the Managed Care Plan exception, you are free to choose your own doctor for your treatment needs.

Yes. Kentucky workers’ compensation covers repetitive stress and cumulative trauma injuries, not just sudden accidents. This includes injuries that develop over time, such as carpal tunnel syndrome, shoulder injuries, back problems, or joint damage caused by repeated work activities.

To qualify, you must show that your job directly caused, contributed to, or worsened the condition through objective medical evidence. Reporting symptoms early and seeing a doctor as soon as possible can help protect your claim.

If your employer or insurer disputes the injury, a workers’ comp lawyer can help gather medical proof and fight for your benefits before an Administrative Law Judge.

No, it is illegal to fire an injured worker for filing or otherwise pursuing a workers’ compensation claim in Kentucky. Kentucky law protects workers from retaliation for reporting a work injury or seeking workers’ comp benefits. Your employer cannot legally fire, demote, or punish you just because you filed a claim.

While you are off work, Workers’ compensation in Kentucky pays Temporary Total Disability (TTD) based on a percentage of your average weekly wage. If you have a permanent injury and impairment rating, your benefits will be calculated pursuant to a statutory formula that contains many different variables, including your average weekly wage, impairment rating, AMA factor, return to work factor, and any age or education modifiers that may apply to your situation. It’s important to realize that every case is different and calculations are based on YOUR specific circumstances. There is no set value for a particular injury, body part, or impairment rating - each case is unique and requires thorough development and negotiation. The workers’ compensation insurance company will often offer a much lower value than what you may actually be entitled to - that’s where an experienced attorney comes in.

Exact calculations vary by situation, and your attorney can explain how your benefit amounts are calculated.

Yes. Workers’ compensation in Kentucky is a no-fault system, which means you can receive benefits even if the accident was your fault. You do not have to prove that your employer caused the injury to qualify for workers’ comp.

However, benefits may be denied if the injury happened because of intoxication, drug use, or intentional misconduct. If your claim is questioned or denied, a workers’ comp lawyer can help you understand your rights and fight for the benefits you deserve.

It depends on the type of benefits you receive. In Kentucky, workers’ compensation benefits last as long as they’re medically necessary and allowed under the law:

1. Medical benefits can continue as long as treatment is reasonable, necessary, and related to your work injury. After an award or settlement, medical benefits may be limited to an additional 15 years of treatment, depending on how your case is resolved.
2. Temporary disability benefits usually last until you can return to work or reach maximum medical improvement (MMI), whichever occurs first.
3. Permanent disability benefits usually last for a set number of weeks (typically 425 weeks). For older claimants, benefits terminate at age 70 or 4 years, whichever comes later.

Because the duration of your benefits varies by injury, age, and disability rating, a workers’ comp lawyer can help explain how long benefits may apply in your case.

In Kentucky, workers’ compensation generally only covers psychological conditions that arise as a result of a physical injury on the job. This can include anxiety, depression, or post-traumatic stress that develops because of the physical injury and its effects. Claims for purely mental or emotional injuries without a related physical injury are typically not covered.

Yes and no. A workers’ compensation claim is not the same as suing your employer in the traditional sense. You aren’t bringing a civil lawsuit against your employer in Circuit Court. Workers’ comp is a no-fault system that is litigated in the State’s administrative court system. Unlike a claim for personal injury or negligence, your claim against your employer does not require you to prove that your employer did anything wrong. While your employer will be a named Defendant, the claim is most often defended by the workers’ compensation insurance company and their lawyers.

Yes. In Kentucky, part-time and temporary workers are generally covered by workers’ compensation, just like full-time employees. If you were injured while performing job-related duties, you may qualify for benefits regardless of your work schedule.

Even if another person, such as a co-worker, contractor, or third-party, contributed to your injury, you are still entitled to receive workers’ compensation benefits. In addition to filing a workers’ comp claim, you may also have the option to pursue a separate personal injury claim against the third party for additional damages, such as property damage, pain and suffering, and future lost wages. It is VERY important that you retain an attorney who has workers’ compensation knowledge and experience when pursuing these types of dual claims.