Frequently Asked Workers’ Comp Questions
Learn about the most typical questions and answers regarding worker’s compensation claims and legal issues. At the legal practice of Evensen Law Office I can represent you in striving for the compensation you deserve so you can focus on your recovery.
Q Do I have to seek treatment with the company doctor / doctor the workers’ compensation carrier sends me to?
No, under Kentucky Law you have the right to choose a physician once and change a physician once as a matter of right. Unless the workers’ compensation carrier has a managed care plan, you can choose any physician you like to treat your injury. If there is a managed care plan, you can choose any physician within the plan.
Q Am I entitled to mileage reimbursement for trips I have to make to the doctor for treatment of my injury?
Yes, but you must send you request for mileage reimbursement on a specific Form generated by the Department of Workers’ Claims (Form 114) within 60 days of the travel.
Q Can my employer terminate me for pursuing a workers’ compensation claim?
No, if an employer terminates you for pursing a workers’ compensation claim, the Kentucky Workers’ Compensation Act provides a remedy as you would be entitled to bring a suit against your employer for wrongful termination / retaliatory discharge.
Q Can I recover pain and suffering in a workers’ compensation claim?
No, Kentucky’s Workers’ Compensation law provides for only certain types of benefits, including medical benefits, income replacement benefits while completely restricted from work, and benefits for whatever level of occupational disability results from your injury.
Q How long do I have to file a claim after being injured at work?
The Statute of Limitations in a workers’ compensation claim is two (2) years from the date of injury or two (2) years from the last date you were paid Temporary Total Disability benefits. Failure to file a claim within the Statute of Limitations may result in you being forever barred from recovering medical or income benefits arising from your injury.
Q What should I do if another company or individual was responsible for my work-related injury, not my employer?
You may have the right to file a third-party claim depending on the circumstances of your case. An example is If a defective machine caused your injury, the machine’s manufacturer may be liable.
Q Are PTSD or other psychological injuries covered by workers’ compensation?
Under Section 342.0011 of Kentucky law, only psychological injuries suffered because of a direct results of a physical injury are covered by workers’ compensation. PTSD, depression, anxiety or other mental health conditions that arise because of a traumatic work accident are not covered under the terms of the law.
Q Can my loved ones collect benefits if I am killed in a workplace accident?
Yes, death benefits are available to spouses and children of the deceased. These benefits primarily cover funeral and burial expenses, but they can also provide financial support beyond these expenses.
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