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Workers’ Compensation

Each state in the United States has its own Workers’ Compensation laws, as the programs are state governed. In the state of Kentucky, workers’ compensation is mandatory—any business with one or more employees must carry coverage and must display proof of coverage at their office. Ohio also requires all businesses to carry workers’ compensation coverage. If you are injured on the job and need workers’ comp benefits, it can be helpful to have experienced workers’ compensation attorneys from Adams Law assisting you with your claim.

Just as each state has its own requirements for workers’ compensation, there is a rating bureau in each state that sets the cost of insurance premiums based on risk, level of benefits, state-specific regulations, and healthcare costs. A few states have their own rating bureaus, but most rely on the National Council of Compensation Insurance. In most states, including Kentucky, companies can compare quotes with state workers’ comp funds and private insurance carriers.

Ohio, North Dakota, Wyoming, and Washington only allow businesses to purchase workers’ comp policies through the state workers’ comp fund. According to insureon.com, as of 2018, the six states with the lowest workers’ comp rates were DC, Texas, Ohio, Arkansas, Indiana, and Michigan. The six states with the highest workers’ comp rates were Alaska, Montana, California, Hawaii, South Carolina, and Idaho. Alaska has the highest workers’ comp premiums largely because their top industries (oil and gas, construction, and fishing) are all considered high-risk professions.

What is Workers’ Compensation?

Workers’ compensation is a type of insurance intended to protect businesses and employees against financial loss when an employee is injured on the job (or becomes sick from a work-related illness). In the 1800s and early 1900s, worker conditions were often deplorable and dangerous.

Workers that were injured due to poor working conditions were basically on their own, with no wages and no help with medical expenses. The state of Wisconsin passed the first comprehensive workers’ compensation law in 1911, with Mississippi the last state to come on board in 1948. Early laws required employers to provide some level of medical and wage replacement benefits for injured workers in lieu of suing the employers.

How Does Kentucky Workers’ Compensation Work?

In the state of Kentucky, workers are entitled to workers’ compensation following a workplace injury no matter whether they are full-time or part-time—although there are three exceptions. Kentucky workers’ comp does not cover independent contractors, domestic workers that work less than 40 hours per week, or agricultural workers. While you do not have to apply for workers’ compensation if you are injured on the job, you must file a claim and provide employment and medical documents.

Kentucky also requires you to receive diagnosis and treatment from their approved healthcare providers. Seeking treatment from a non-approved source could hurt your chances of receiving workers’ compensation benefits. The assumption is that those who receive workers’ compensation benefits will do so for only a short amount of time. Once your doctor says you have reached maximum medical improvement, your benefits will end.

Why Do You Need Workers’ Compensation Attorneys?

While you can file for workers’ compensation benefits on your own, trying to understand legal rules, time limitations, and the court system is generally a nightmare for most non-attorneys. The legal jargon can be notoriously difficult to understand—wouldn’t you rather leave the legal issues up to experienced workers’ compensation attorneys while you focus on healing from your work-related injuries? Medical bills can pile up quickly, and the emotional and financial pressures placed on you can take a tremendous toll.

Your workers’ compensation attorney understands your benefits can hinge on the circumstances of your accident, and they will work hard to ensure your rights are fully protected as they fight for your benefits. The amount of compensation you are entitled to receive can depend on a variety of things, such as the complexity of your injuries, the working conditions at the time of injury, whether your employer failed in their responsibilities, and this contributed to your injury and your own level of injury management. Workers’ compensation attorneys from Adams Law will assess your case, lodge a claim on your behalf, and help you access the support and care you require to get your life back on track.

What Type of Benefits Can You Receive in a Workers’ Compensation Claim?

Workers’ compensation usually provides the following benefits:

  • Medical expenses will pay for medical costs associated with your work-related injury or illness, including ER visits, surgical procedures, doctor visits, rehabilitative therapies, and prescription drugs.
  • Lost income is at least partially covered by workers’ compensation if you are unable to return to work following a work-related injury or illness. Very generally speaking, workers’ compensation covers about two-thirds of your regular salary.
  • If you have been exposed to harmful chemicals or allergens in your workplace and that exposure led to a serious illness, workers’ compensation can pay for the costs associated with that illness.
  • If a workplace accident or illness resulted in a temporary or permanent disability, workers’ compensation can provide certain disability benefits.
  • If a person is involved in an accident in the workplace and subsequently dies, workers’ compensation will provide some level of funeral costs, as well as death benefits to the worker’s family members. 

How Can Adams Law Help?

Navigating your way through the often complex workers’ compensation process can be confusing, difficult, and stressful. At Adams Law, we understand this and will work with you to ensure you are updated consistently on the status of your claim and that all your questions are thoroughly answered. Our commitment to working closely with our clients, along with our experience in handling workers’ compensation claims, makes Adams Law uniquely qualified to fight for you and maximize your workers’ compensation benefits. Contact the Adams Law workers’ compensation attorneys today. Our Covington office serves those in Northern Kentucky, Southern Ohio, and across the Commonwealth of Kentucky.

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