Evensen Law OfficeEvensen Law Office2024-03-05T14:51:11Zhttps://www.evensenlawoffice.com/feed/atom/WordPress/wp-content/uploads/sites/1302060/2019/10/cropped-Favicon-32x32.pngOn Behalf of Evensen Law Officehttps://www.evensenlawoffice.com/?p=495852024-03-05T14:51:11Z2024-03-05T14:00:17Zone of many for Mr. Evensen, who was also named Lawyer of the Year for Representation of Injured Workers in Workers’ Compensation Claims by Best Lawyers, has an AV Preeminent Rating (the highest available level), and was named “Top Lawyer” in Workers’ Compensation in Louisville Magazine.
What is the College of Workers' Compensation Lawyers?
The College of Workers’ Compensation Lawyers stands as a distinguished organization that honors attorneys who have made a significant contribution to the education, practice, and policy of workers' compensation law. Established to recognize the outstanding achievements of professionals in this field, the College aims to foster excellence and integrity among workers' compensation practitioners.
Membership to the College is not automatic; it is a testament to the dedication and expertise of an individual. Candidates must meet stringent requirements which include:
A minimum of twenty years in the practice of workers’ compensation law
Demonstrable commitment to ethical standards, professionalism, and community service
The College does more than celebrate outstanding professionals. It also plays a pivotal role in shaping the future of workers’ compensation law by promoting scholarly work and research as well as encouraging the exchange of ideas between legal professionals. This exchange of ideas leads to improvements in both the legal framework and the administrative proceedings that govern workers' compensation law. Furthermore, it ensures a more equitable system for workers who have sustained injuries on the job.
The honor is another example of Mr. Evensen’s continued commitment to excellence in the law and dedication to helping his clients navigate difficult legal issues.]]>On Behalf of Evensen Law Officehttps://www.evensenlawoffice.com/?p=495842023-12-13T10:06:50Z2023-12-18T10:06:27ZSelect your own workers' compensation doctor
Your primary care doctor may not be the best medical professional to confirm your work-related injuries, but that doesn't mean you have to go to one selected by your employer. You have the right to choose your own doctor. However, seeing a physician as soon as possible after an injury establishes the need for medical attention and emphasizes the necessity for workers' compensation coverage. If you don't visit a doctor quickly, the workers' compensation insurance company may try to prove your injury was caused by something else and not by a workplace mishap.
The doctor who treats you submits medical records and information to your employer's insurance company. Such data can affect your claim, compensation levels, workload, limitations and the like. In some instances, your employer may ask you to see a second doctor selected by the insurance company to confirm your injuries. Nevertheless, you should remain aware that doctors working for the insurance company will frequently not be on your side, necessitating an independent medical opinion.
Recovering sufficient benefits is essential
Getting the compensation you need after a workplace injury is essential, especially if your issues are severe and you can't work for a long time or may even become permanently disabled. Filing claims is usually tricky, with many victims often having their claims initially denied. An initial denial doesn't have to be the end of the road, as you can appeal.
The claims process for workers' compensation is precise, and claimants need to ensure they have provided all necessary information. Sometimes, all that is required is additional paperwork. At other times, the workers' comp insurance company will do everything in its power to offer a lowball settlement. Keeping thorough records of your issues can help you get a successful claim.]]>On Behalf of Evensen Law Officehttps://www.evensenlawoffice.com/?p=495812023-11-16T14:12:39Z2023-11-22T04:34:40ZWhat is the rotator cuff?
The rotator cuff is a set of tendons in the shoulder, wrapping around the head of the humerus holding it into the socket. These tendons and accompanying muscles provide the shoulder joint security and balance and help rotate the arm at the shoulder. It's a part of the anatomy essential to many manual and skilled labor jobs.
How rotator cuff injuries happen
Falls, which are one of the most common incidents leading to workers' compensation claims, frequently result in rotator cuff injuries. A sudden downward jerking motion of the arm can result in a rotator cuff injury. Workers whose jobs involve heavy lifting or other tasks that put pressure on the shoulder joint can develop bone spurs around the shoulder or pinching of the rotator cuff, weakening the area and subsequently tearing the tendon.
Common symptoms include pain and difficulty or weakness in raising the arm when lifting objects, even smaller ones. Reaching behind or outward also causes significant discomfort. Many with these injuries cannot lie on the affected shoulder and wake up at night in pain.
Filing a worker's compensation claim
Under Kentucky law, injured workers must file their claims through the state Department of Workers' Claims. The workers' compensation system is designed to provide those injured on the job access to medical treatment for their injury. Rotator cuff injuries may require surgery, usually performed arthroscopically, plus physical therapy afterward to help strengthen the shoulder joint and regain its mobility.
Your level of disability, whether total or partial, determines the amount of workers' compensation benefits you will recover. Keep meticulous records regarding your symptoms and diagnosis to prove to your company's workers' compensation insurance carrier that you suffered the injury on the job. The more thorough you are, the more likely you'll have a successful claim.]]>On Behalf of Evensen Law Officehttps://www.evensenlawoffice.com/?p=495792023-08-14T06:47:42Z2023-08-17T06:47:12ZKnow the steps of the workers’ compensation process
People are often unfamiliar with the details of filing a workers’ compensation claim. It is not complex if the basics are adhered to.
After the injury, the employee should report the incident to the employer. This includes providing all relevant information as to what happened and when. Getting a medical assessment of the injury is vital, even for injuries that do not seem serious.
The employer is required to report the injury to their workers’ compensation insurer. All relevant facts must be provided, including the worker's identity, the job they were doing, the employer’s business information and the medical care provided. The employee receives a packet informing them who the claims adjuster is, their rights, what benefits they are entitled to and what is expected of them.
The insurance company will assess the incident and decide whether to approve or deny the claim. They will want to know if the injury resulted from employment-based activities or an offsite accident.
The worker will receive a “return to work” plan tailored specifically for them. For example, if a construction worker injured their back, they might be unable to do the same work they did before. The physician and medical professionals will detail the worker’s capabilities.
In some workers’ compensation claims, the worker receives treatment and can get back to work as before. In others, their injuries permanently limit them and they will need to go on modified duty, be moved to another job or receive a settlement.
Injured workers should know and follow the process
Anyone can be hurt at work, whether they are blue-collar workers or have a desk job. Understanding and adhering to the workers’ compensation claims process is imperative to ensure the worker has a good chance of getting approved and maximizing benefits.]]>On Behalf of Evensen Law Officehttps://www.evensenlawoffice.com/?p=495192023-06-15T05:55:25Z2023-06-20T05:55:08ZLower back strain or sprain
A work-related back injury can easily cause an employee enough pain to warrant filing for workers’ compensation. One of the most common of such injuries is lower back strain or sprain. Workers who stand for long hours or sit for seven or more hours each day can develop pain and strain in their lower backs. Those who have to perform heavy lifting and constantly move back and forth can suffer a back sprain.
Disc problems
Workers can suffer herniated, bulging or slipped discs in their upper, middle or lower backs. These injuries more often occur when an employee does strenuous work such as heavy lifting, bending or straining. However, those who drive a vehicle for a living can also suffer disc injuries if involved in an accident. When a disc between vertebrae is damaged or pushed out of place, it prevents shock absorption in the area, causing severe pain and a limited range of motion.
Pinched nerve
Another problem that can occur when a disc in the back moves out of place is a pinched nerve. Depending on the location of the injury, pain may radiate from the back down to the legs. Physical therapy and medication might help bring some relief.
Spinal fracture
One of the most serious workplace back injuries is a spinal fracture. They develop due to trauma and are more common in individuals who drive, play sports or perform risky work like construction. However, even office employees can sustain this type of injury after a slip-and-fall accident.
Degenerative disc disease
Although degenerative disc disease occurs due to wear and tear with age, workers are susceptible to this injury if they experience a workplace accident. Such an incident can exacerbate an existing condition, making it impossible to continue working.
Back and spine injuries are serious; seeking medical attention is crucial.]]>On Behalf of Evensen Law Officehttps://www.evensenlawoffice.com/?p=495182023-05-01T10:58:30Z2023-05-04T10:25:49ZIndependent contractors
Businesses that use independent contractors do not have to carry workers' compensation coverage on them. These individuals usually have separate business addresses. They typically have a particular skill that the business needs on a short-term basis, such as plumbers or electricians.
Partners
Generally, partners in a business do not need to be covered by workers' compensation. A person must typically sign a formal agreement to be counted as a partner. Furthermore, they must actively participate in the company's decision-making process and share profits or losses.
Corporation officers
A business does not have to carry workers' compensation insurance on officers who choose to file an Employee's Written Notice of Rejection. This form is available by emailing the Commonwealth of Kentucky Labor Court.
Consequences of not carrying workers' compensation insurance
Employers who choose not to have workers' compensation insurance can be fined up to $1,000 per employee. Each day that coverage is not in place counts as a separate occurrence. Therefore, if one employee is uncovered for a week, it could cost the corporation up to $5,000.
Workers' compensation insurance intends to help cover the loss of wages usually earned by an employee injured or dying while working in Kentucky. The state has created a special office to ensure employers provide coverage to their employees.]]>On Behalf of Evensen Law Officehttps://www.evensenlawoffice.com/?p=495102023-03-02T05:12:20Z2023-03-07T05:10:31ZScenarios where injury lawsuits may be possible
Three typical scenarios may allow you to file an injury claim even when your employer carries workers' compensation insurance. These exceptions are:
The employer commits an intentional tort
A third party caused the injury
Wrongful denial or termination of workers' compensation benefits
An intentional tort occurs when you believe your employer intentionally caused a mishap and can involve battery, assault, defamation, etc. Lawsuits for workers' compensation claims that have been denied are common after a plaintiff has exhausted the administrative appeals process.
If you were injured on the job and believe that someone other than you or your employer is responsible, you may be able to sue a third party. The process is similar to other injury claims where plaintiffs believe others have liability. For example, if you operate machinery on the job and the device injures you somehow, the equipment manufacturer could be responsible if the machine is defective.
Filing an additional claim can be tricky
The circumstances of your case will determine if you are eligible to file a claim for a third-party injury. If you receive a damage award from a third party, you may have to repay a portion of the workers' compensation benefits awarded to your employer or insurance company. If you decide to file a third-party injury claim, your employer and insurer may also become parties to your lawsuit to recover the value of your workers' compensation claim.
Note that workers' compensation does not cover some typical circumstances allowed in a third-party lawsuit. Kentucky law does not provide for pain and suffering. Psychological injuries like post-traumatic stress disorder (PTSD), depression, anxiety or other mental health conditions arising from a work accident may also qualify for a third-party claim.]]>On Behalf of Evensen Law Officehttps://www.evensenlawoffice.com/?p=495082023-01-13T16:47:50Z2023-01-04T20:21:36ZWorkplace hearing loss is still common
11% of the people working in the United States have problems with their hearing, and almost one in four employees developed those issues while they were at work. This generally happens when workers are exposed to loud noises or dangerous chemicals. It can happen all at once, but it's more likely to occur gradually over a long period of time.
Ototoxic chemicals, for example, have the potential to damage the inner ear and cause hearing problems. In some workers' compensation cases, the combination of these chemicals with high decibels may exacerbate the damage and resultant loss of hearing.
It's not always easy to tell if conditions are too loud to be working in, and some employees may be averse to donning the required hearing protection for a variety of reasons. In certain work situations, it may make the job more difficult or hazardous, creating a communication roadblock. However, it's important to remember that long-term hearing loss makes it harder to communicate as well.
When does noise become a workplace hazard?
85 decibels is the limit for noise before it is officially deemed hazardous. Essentially, volume is considered to be at dangerous levels if you have to raise your voice to talk to someone who is an arm's length away.
For industrial and construction workers, it may be clear where occupational hazards come into play. But these aren't the only people who need to be aware of hearing loss prevention techniques because sometimes, the risk isn't so obvious.
This may be the case if you work in an office and put in earbuds to get through the workday. Whether it's to stay focused during a crunch or just because there's too much background noise, it's important to make sure you're listening at a safe volume.
Approximately 22 million employees are around hazardous noise annually, and 10 million people are exposed to solvents, another danger. It isn't known how many people experience ototoxic chemical exposure, but it's always good to remain aware.]]>On Behalf of Evensen Law Officehttps://www.evensenlawoffice.com/?p=495062022-10-21T17:24:05Z2022-10-21T17:24:05ZHow do back injuries occur?
If you continually bend forward, it can strain your back and lead to an injury. Repetitive use injuries are often the case for workers who do manual labor, such as construction workers. Other causes of back injuries at work include lifting heavy objects and slips and falls. If you work at a desk, you may not think that you're at risk for a back injury, but sitting in the same position for long periods can also lead to problems. Last but not least, accidents can also cause back injuries. Some workplaces, such as factories, have a lot of machinery; if something goes wrong, it can cause an accident that leads to a back injury.
What are the symptoms of a back injury?
Back injuries can range from mild to severe, and the symptoms will depend on the severity of the damage. For example, if you strain a muscle in your back, you may only experience some pain and discomfort. However, if you herniate a disc, you may experience severe pain, numbness and tingling. In addition, if you have an injury that affects your spinal cord, it can lead to paralysis.
Sometimes, back injuries don't cause any symptoms right away. However, if you don't get treatment for the damage, it can lead to chronic pain down the road.
Seeking compensation
When you experience a back injury, you should seek medical treatment immediately. Once you've seen a doctor, you must notify your employer of the injury. Your employer should then give you a workers' compensation claim form. This form is used to start the workers' comp process.
You must fill out the workers' compensation claim form and submit it to your employer. Your employer will send the form to their workers' compensation insurance company. The insurance company will then contact you to determine whether your claim has been approved or denied.
It's essential to seek medical attention and notify your employer immediately if you experience a back injury. If your workers' compensation claim is approved, you will receive benefits to help you cover your medical expenses and lost wages.]]>On Behalf of Evensen Law Officehttps://www.evensenlawoffice.com/?p=495012022-08-29T13:27:17Z2022-09-01T08:15:26ZWhen would you need an attorney for workers' comp?
One of the most common times workers' comp claimants need an attorney is when their employer denies their claim. If your employer denies your workers' comp claim, you have the right to file a formal claim (Form 101) with the Kentucky Department of Workers' Claims and have your claim heard and decided by an Administrative Law Judge. Your attorney can file evidence, including expert medical testimony in support of your case and fight to convince the Judge to find in your favor.
Another situation where you might need an attorney is if you're not receiving all of the workers' compensation benefits to which you are entitled. If your workers' comp insurer is underpaying your benefits or completely refusing to pay them, an attorney can help you get the compensation you deserve. Finally, if your workers' comp claim gets denied with no explanation, or if the adjuster simply refuses to respond to you, an attorney can help you figure out what happened and whether you have any options for pursuing a claim to recover those benefits.
If you have any questions or concerns about your claim, it's always a good idea to speak with an experienced workers' comp attorney.
If you're unsure whether you need an attorney for your workers' comp claim, our office provides free consultations, so it won't cost you anything, and we only recover a fee if we are able to recover benefits for you in your claim.]]>