Kentucky Workers’ Compensation Lawyers

Fearless Advocacy For Injured Workers

A work injury can impact your life in profound and difficult ways. You might have to take time off work, leading to financial worries while you’re already coping with the physical aspects of your injury or illness. In severe cases, you might be temporarily or even permanently unable to work at all.

At Hicks & Funfsinn, PLLC, our Lexington workers’ compensation attorneys understand the challenges that arise from job-related injuries and illnesses. Our lawyers help injured workers throughout Kentucky pursue the compensation they need to overcome hardship and pave better paths forward.

Understanding The Workers’ Comp System In Kentucky

The workers’ compensation system provides benefits to employees who suffer job-related injuries or illnesses. Those injuries might result from a single incident such as a devastating fall or lifting injury. Or they might occur as a result of cumulative trauma over time – for example, repetitive stress injuries. In either case, you may be entitled to benefits such as:

• Medical coverage to pay your expenses related to the injury or illness, including ongoing treatments, rehabilitation and mileage
• Wage replacement, which might be temporary or permanent, partial or total
• Vocational rehabilitation to help you train and find new employment if you can’t return to your previous job
• Death benefits for family members in the event of a tragic loss of a loved one to a work-related injury or illness

Even though you may be entitled to workers’ comp, actually securing those benefits isn’t always easy. Your employer (and their insurer) may put up roadblocks along the way. By working with an attorney at Hicks & Funfsinn, PLLC, you can rest assured that you have a strong and effective advocate on your side.

Preventing And Appealing Denied Claims

While injured workers should have reasonably easy access to benefits, the sad fact is that insurers and employers are often looking for reasons to deny claims because doing so protects their bottom line. Below are some common reasons why claims might be denied:

Failure to report the injury in a timely manner: Kentucky law requires that you report your workplace injury to your employer as soon as possible. Delays in reporting can lead to suspicion about the validity of your claim. You are not required to report the injury in writing, but you should do so whenever possible for evidentiary reasons.

Inadequate medical evidence: If there is insufficient medical documentation to support your claim, it may be denied. Accurate and thorough medical records are critical to demonstrating the extent of your injury.

Disputed injury circumstances: If your employer disputes how or where the injury occurred, it could lead to a denial. Claims are often denied if the injury is not obviously work-related.

Preexisting conditions: The insurance company will likely deny the claim if there is any evidence that it could be a preexisting injury or condition that was not caused by the accident. It’s important to note that some preexisting conditions are eligible for coverage if they were exacerbated by a work accident or cumulative trauma, so you should speak to an attorney about your options.

Missed deadlines: There are strict deadlines for filing workers’ comp claims in Kentucky (usually two years from the injury date). Missing these deadlines can result in a denial of benefits.

Lack of cooperation: Failing to cooperate with the insurance company’s investigation, including not attending scheduled medical evaluations, can result in a denied claim.

Substance abuse: If evidence shows that drugs or alcohol were involved in the incident, your claim may be denied. This may be true even if impairment was not a factor in the accident.

You are not required to hire a workers’ compensation attorney when seeking benefits, but doing so can make the process much easier and may significantly improve your chances of a successful claim. Our attorneys will ensure all necessary documentation is properly completed and submitted on time, reducing the risk of denial due to technicalities or omissions. They can assist in gathering comprehensive medical evidence to support your claim and represent you in any disputes with your employer or insurance company.

If your claim is denied, our lawyers can also guide you through the appeals process. They will help you understand the reasons for denial and develop a strategy to address these issues, increasing your chances of a favorable outcome on appeal.

Guidance On Whether You Have A Third-Party Injury Claim

While you generally can’t sue your employer for a personal injury claim resulting from a work injury, you may have a claim against any third parties whose negligence contributed to your injuries. A successful personal injury claim could provide significant financial recovery in addition to your workers’ comp benefits. Because our firm handles both types of cases, we can advise you of your options.

Get In Touch With A Legal Team That Cares About Your Future

We understand the devastating nature of work injuries. Our goal is to provide the honest and diligent representation you need to get the benefits you deserve. To talk with one of our lawyers about your workers’ comp questions and concerns, please reach out online or call 859-286-7840.