Workers’ Compensation

If you are injured by a single traumatic event while in the course of your employment (i.e., you injure your Back while lifting a box), or if you suffer cumulative or repetitive trauma in the course of your employment (i.e., you repetitively use an “air gun” to drill bolts throughout the course of the day, and develop numbness and tingling in your Hands), you may be entitled to recover benefits under the Kentucky Workers’ Compensation Act if it is determined the work activity caused your diagnosed condition. Further, if a work activity or trauma aggravates an underlying condition, such as Arthritis, and causes it to become painful, you may be entitled to recover benefits for a work-related injury.

However, you must give notice of your work-related injury to your Employer as soon as is practicable after the injury occurs, or after you are informed by a physician you have suffered a cumulative trauma condition which was caused by your work activities.

If you have suffered a work-related injury, Kentucky’s Workers’ Compensation Act provides the following benefits:

• Temporary Total Disability” or “TTD” benefits: Kentucky’s Workers’ Compensation Act provides for income benefits while you are completely restricted from work by a doctor or have work restrictions which your Employer does not or cannot accommodate where you have not reached maximum medical improvement from the effects of your injury.  Kentucky Temporary Total Disability benefits are paid at a weekly rate of 2/3 of your pre-injury average weekly wage up to a state maximum.
• Medical Treatment: Kentucky’s Workers’ Compensation Act provides for reasonable and necessary medical treatment for the cure and relief of the effects of your work-related injury at no cost to you, including office visits, prescription medication, physical therapy visits, surgeries, etc.
• “Permanent Disability” benefits or “PTD”/”PPD” benefits: Under Kentucky’s Workers’ Compensation Act, if you are unable to return to any type of employment whatsoever and are totally disabled as a result of your injury, you are entitled to Permanent Total Disability benefits (PTD)  paid at 2/3 of your pre-injury average weekly wage up to a State maximum level until you qualify for normal old-age Social Security Retirement Benefits at the age of 65-67 depending on your date of birth.  If you are able to return to work after your injury, you may be entitled to Permanent Partial Disability benefits (PPD) which are calculated based on an impairment rating assessed by a physician as a result of your injury.

If your Employer disputes any benefits, you are entitled to file a claim and an Administrative Law Judge will decide your claim and entitlement to benefits.  If you believe you have suffered a work-related injury and would like to discuss your    entitlement to benefits, please phone our office.

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