Workers Compensation

If you were hurt on the job, or if you contracted COVID-19 at work, you probably have a lot of pressing questions about workers’ compensation in Kentucky. We are here to help you get what you need to recover from your on-the-job injury. From wage replacement issues to medical treatment concerns, to misgivings about returning to work, our dedicated, compassionate attorneys are here to answer your questions about workers’ compensation in Kentucky and help you navigate your way through the entire process. Learn more about our workers’ compensation legal services.

Can I Rely On Workers’ Compensation When I Am Hurt On The Job?

The Kentucky workers’ compensation system is the most beneficial to those who make the system work for them. If you are not proactive about your case, you are likely to experience one or more of the following:

• Your claim will be denied
• You are forced to return to work too soon
• You are forced to return to duties that are unsafe for your condition

The good news is, we have decades of combined experience that allows us to create highly effective cases for injured workers. We will put forth all our resources to get you the care and consideration you need.

Hurt on the job in northern Kentucky? Call (859) 781-9100 for a free consultation.

What Does Kentucky Workers’ Compensation Cover?

Our northern Kentucky law firm helps people navigate the workers’ compensation system so that they can receive the full range of benefits they deserve after any type of on-the-job injury or accident such as:

• COVID-19
• Back and neck injuries and pain
• Shoulder, knee, and joint injuries and pain
• Foot and ankle injuries
• Head and brain trauma
• Psychological conditions from trauma
• Overuse injuries
• Machinery, motor vehicle, and construction accidents
• Chemical exposure

Do I Have To Go To The Doctor My Employer Sends Me To?

In many cases, injured workers are compelled by their employer to visit a business health center, which is created for the benefit of employers, not employees. Unfortunately, these business health centers are usually inclined to just try to get you back to work, without determining the extent of your injuries. When your injuries are not healed and you seek additional medical care, your employer or workers’ compensation carrier will then use the business health report to say you are not in need of additional care. When you are hurt at work, it is important that you choose your doctor, not your employer.

If you have been injured at work in Campbell, Boone, Kenton, Grant, Pendleton, Owen, Gallatin, Harrison or anywhere else, please call (859) 781-9100 or contact us online for a free consultation. There is no charge for an initial consultation.

Can I Go To My Family Doctor If I Am Injured On The Job?

Yes, you can. But many times your Kentucky employer or insurance carrier will try to get you to see a doctor of their choosing, who may not have your best interests at heart.

What Is An Independent Medical Examination (IME)?

If you are currently on Workers’ Compensation Benefits and your adjuster recommends you see a doctor for an Independent Medical Exam or IME, recognize that it is not truly an “independent” exam. It is an exam being paid for by the workers’ compensation carrier, many times to second guess the opinion and recommendations of the doctor you have chosen to treat you. A better term is DME or Defense Medical Exam.

What Should I Do If I Get Hurt At Work?

If you are hurt at work, tell your supervisor immediately. If your supervisor is unavailable, inform someone over him or her right away, even if that means going straight to the owner of the company. The Kentucky Workers’ Compensation Act requires an injured worker to give timely notice to his or her employer. If the injured worker fails to do this, he or she may be barred from pursuing benefits. After informing your supervisor or someone else in management, contact a workers’ compensation lawyer as soon as you can.

How Is Permanent Partial Disability (PPD) Determined?

PPD is determined by your treating doctor providing an impairment rating to your whole body based on the American Medical Association’s Fifth Edition. The best way to describe this process is to imagine your body as a pie with 100 pieces. Your doctor may determine you have an impairment of 10% to your whole body, or, in other words, 10 pieces of the pie are gone.

What Should I Do If My Employer or Insurance Carrier Will Not Pay For My Medical Bills?

A workers’ compensation attorney or your doctor can file a medical fee dispute to obtain necessary treatment. If you are having problems getting medical bills paid after a Workers’ Compensation Claim, please call our northern Kentucky office in Covington, (859) 781-9100. We will be more than happy to provide a free consultation over the phone or in person.

Do I Have To Go To Court?

You do not have to go to court for a Kentucky Workers’ Compensation Claim. Workers’ Compensation Claims are handled in an administrative proceeding by appointed Administrative Law Judges who decide your case. Either party may appeal ultimately to the Kentucky Court of Appeals.

If you reside anywhere in the Northern Kentucky area and need assistance with a Workers’ Comp claim, call our office at (859) 781-9100 for a free consultation.

How Much Does a Workers’ Compensation Lawyer Cost in Kentucky?

Kentucky law provides that an attorney may charge a fee of 20% of the first $25,000 recovered, 15% of the next $10,000 and 5% thereafter, with a maximum fee of $12,000.
If an attorney doesn’t win your workers’ compensation case, you pay nothing.
Hurt at work? Don’t wait a moment longer. Contact Brandon Voelker today.

My Spouse Was Killed In A Work Injury. Am I Or My Children Entitled To Benefits?

If your spouse was killed in a work-related accident, you are entitled to benefits. The Kentucky Workers’ Compensation Act provides benefits for a surviving spouse and children. If that is the case, it is obviously an emotional time for the family. And we would like to help. If you have lost a spouse, contact us and we can spend some time answering your questions and explaining exactly what your options are.

How Long Do I Have To File My Workers’ Compensation Claim?

In Kentucky, you have two years from either the date of injury and/or the last day that Temporary Total Disability (TTD) payments were made.

Another Person Caused My Work Injury – Can I Sue Them?

Yes, you can. Third party claims can also arise. You may have a Workers’ Compensation Claim, as well as a third party personal injury suit. To insure all possible claims are considered, it is necessary to talk to qualified workers’ compensation attorney. If you were hurt at work or contracted COVID-19 on the job, don’t wait another moment. Call us today at (859) 781-9100 for your free consultation. We want to help you get the care you need. 

Brandon Voelker – Workers’ Compensation Attorney

If you have any questions regarding your workers’ compensation rights, please don’t hesitate to contact our office today.

Contact Brandon Voelker for a Free Consultation

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Brandon Voelker’s Bio

Northern Kentucky workers know that they likely have a rightful claim to compensation if they are hurt in an accident at work. However, actually obtaining these benefits can be rather complicated, and you may find it beneficial to make the effort to fully understand your rights. When you know your rights, you will be able to protect your entitlements.

Workers’ compensation benefits are available to individuals who get hurt while at work, in a work-related accident or get sick with an occupational disease. The type, amount and duration of the benefits you may receive will depend largely upon the nature of your accident and the type of support you need for a full recovery.

Types of Workers Comp benefits you may receive

The intent of workers’ compensation benefits is to provide employees with financial and practical support so they can get better and get back to work. What this means for you specifically depends on your limitations because of your accident and the type of care you need. Injured workers may be able to secure compensation and benefits related to the following:

• Compensation for a portion of your lost wages
• Medical care
• Rehabilitation and therapy
• Recompense for any permanent injuries
• Retraining for a new job, if necessary
• It can be beneficial to take quick action after a work accident to learn about the benefits to which you have a rightful claim. It is possible that your initial claim could come back denied, but that does not mean that you have to give up. You can continue your fight through an appeal.

Workers’ compensation benefits are only available for work-related injuries or illnesses. If you were hurt while under the influence of alcohol or drugs, due to violating a safety policy or if the injuries were self-inflicted, you may not be eligible for this type of financial support. What you should know to protect yourself: Knowing your rights is important, as is knowing what you should do in the event that you suffer an injury in the workplace. It is also beneficial to know your employer’s procedures for filing a workers’ compensation claim.

You would be prudent to know how to protect your interests in the event of a work accident or how to seek support if you are already dealing with a work accident injury. The workers’ compensation claims process can be complicated and daunting, but you have the right to guidance from the initial stages of your claim.

After being injured on the job, protecting your rights by filing a workers’ compensation claim is the clear first step — but understanding what happens next can be trickier. Once you’ve reached the “maximum medical improvement” defined by your doctor and going back to work becomes a possibility, what should you expect, particularly if you face long-term impairments from your injury? Speaking with a skilled workers’ comp lawyer is crucial for protecting your rights at each stage of your recovery. At Gatlin Voelker, PLLC, our team of skilled attorneys has over 50 years’ combined experience representing workers injured on the job throughout Northern Kentucky and the Greater Cincinnati area. We approach every case with compassionate and dedication in an effort to help our clients receive full and just compensation.

What Happens If You’re Unable to Perform Your Previous Job Functions?

For many workers who have filed a workers’ comp claim, achieving maximum medical improvement does not necessarily mean that they have made a full recovery. If you’ve been hurt on a worksite, for example, you may find yourself unable to fulfill many of your prior job functions once you’re cleared to return to work. What happens to you in these situations? It may depend on your location: In Kentucky, you have the option of requesting a functional capacity evaluation (FCE). This test is administered by a health care worker to determine which of your job duties you are capable (or incapable) of performing. Ohio has established remain at work programs that allow injured workers to stay on the job (and maintain their wages and employment status) with accommodation for ongoing functional impairments. In both states, vocational rehabilitation is possible if you face a long-term functional impairment following a workplace injury. These programs provide workers with help returning to work after an injury and may assist with funding for further job training or education.

What Rights Do You Have When Given A Modified Job Role?

If your employer does allow you to return to work in a modified role that reflects the limitations of your injury, it’s important to understand your rights in this new role. For example, you can’t be paid less than you were awarded in temporary total disability benefits, and any restrictions that your doctor places on your duties must be followed.