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Kentucky Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation and Social Security for Kentucky on
Q: Workers comp stopped paying me and I can't return to work I've started the social security disability process.

I'm about to mentally break

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2024

I'm so sorry to hear about your situation. Dealing with a work-related injury, loss of income, and navigating the complex disability benefits system can be incredibly stressful and overwhelming. It's understandable that you're feeling pushed to your limits mentally. Here are some... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Kentucky on
Q: Can an employer mandate a drug screen, for 'workman's comp', 7 days post injury? Then use the results to terminate the

Employee based on the results based on violating a drug-free workplace policy? But, the employee had not been in the workplace for 7 days. Post injury & workman's comp window of time for testing had long passed. Not at fault for the injury.

No warning, was threatened to submit or... View More

Timothy Denison
Timothy Denison
answered on May 13, 2023

No. That is clearly pre textual for violating your civil rights. Hire a lawyer immediately.

1 Answer | Asked in Personal Injury and Workers' Compensation for Kentucky on
Q: While at work an employee was injured. It has been deemed that I was not at fault for causing the injury. Can he sue me?

After completing an incident report, and being interviewed by the manager, a supervisor, and an hr representative, I was told that I was not at fault for this employee getting injured. They reviewed my statement, took statements from witnesses, and thoroughly viewed the video coverage of the event.... View More

Tim Akpinar
Tim Akpinar
answered on May 1, 2023

A Kentucky attorney could advise best, but your question remains open for three weeks. As a general matter, there's nothing to stop someone from suing another person. That's simply the way the legal system works. However, lawsuits could then be defended, dismissed, or meet other outcomes.... View More

Q: Looking for my uncla money I'm not able to access
Timothy Denison
Timothy Denison
answered on Dec 7, 2021

What is your question?

Q: I'm a independent contractor for the company doordash. If they have breach their contract with me can there be a lawsuit

Every month they assign "dashers" a premium service called "top dasher" if you meet all their requirements by the end of the month. I've met all of there requirements for 15 months, and this month, they refused to give me this service. This service entitles dashers more... View More

Timothy Denison
Timothy Denison
answered on Aug 4, 2021

Theoretically, there could be a lawsuit. However, it would cost more in money, time and trouble than you could ever hope to recover.

1 Answer | Asked in Divorce and Workers' Compensation for Kentucky on
Q: got a workmans comp settlement for future benefits till i am 70 years old is my wife entitled to any and how much

i got in an accident in october of 2016 finally had a settlement in december of 2019 for my disablity till i am 70 my wife left in october of 2019

Timothy Denison
Timothy Denison
answered on Feb 8, 2020

If you’re still married, she’s may be entitled to whatever you earn until you are divorced. Hire a divorce attorney immediately.

1 Answer | Asked in Divorce and Workers' Compensation for Kentucky on
Q: got a settlement form an accident in 2016 my wife left 1 month before now she is wanting half is she entitled to any
Timothy Denison
Timothy Denison
answered on Feb 7, 2020

If you were married in 2016, she’s entitled to half.

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Kentucky on
Q: My 2 yr old has Celebral Palsy from carbon monoxide poison when I worked @ Rural King & while pregnant. Can he get SSI?
Matt Schalk
Matt Schalk
answered on Feb 4, 2020

Contact your local Social Security field office.

1 Answer | Asked in Workers' Compensation for Kentucky on
Q: Does my employer have to pay me my hourly rate for the time that I spend at the doctor? For the work-related injury
Brandon Voelker
PREMIUM
Brandon Voelker
answered on Jan 10, 2020

Unfortunately no, you can submit for mileage reimbursement for your travel.

1 Answer | Asked in Workers' Compensation for Kentucky on
Q: How long can WC delay TTD for a job related injury in ky? It's been over a month without surgery approval or TTD.

I was hurt on 11/06/19, the dr took me off work on 12/03/19 after the MRI results came in showing I have a full thickness tear of my supraspinatus tendon in my left shoulder. My doctor requested surgery approval. I have not received the approval or TTD and it's been 30+ days. It was turned... View More

Brandon Voelker
PREMIUM
Brandon Voelker
answered on Jan 7, 2020

You can file a complaint with the Commissioner of the Department of Workers Claim for violations of the Unfair Claims Practice Act, for essentially failing to respond to a request timely. Unfortunately, the remedy is the Workers Compensation Board may fine the employer, but you do not receive the... View More

1 Answer | Asked in Workers' Compensation, Civil Litigation and Small Claims for Kentucky on
Q: Can company reduce my hours if dr put me on light duty
Timothy Denison
Timothy Denison
answered on Oct 7, 2019

If they can not accommodate you, yes.

1 Answer | Asked in Workers' Compensation and Employment Discrimination for Kentucky on
Q: I was told that i can no longer do my old job which wad standing lifting bending stooping etc. I had a meniscus tear.

I had surgery but the dr said I need a knee replacement. FCE said sit down work only. How much can i expect feom a settlement and what is an acxeptable settlement. I was also let go the day after my surgery from an alleged incifent 3 weeks prior to the surgery.

Timothy Denison
Timothy Denison
answered on Sep 20, 2019

It is impossible to predict a settlement amount without having all the medical records and bills to consider.

1 Answer | Asked in Workers' Compensation for Kentucky on
Q: Insurance Company stopped paying worker comp benefits without notice.

Got hurt on the job in KY, am self-employed and insurance company paid me worker comp benefits for 2 year, a little over and one day after seeing a doctor they wanted me to see they just stopped paying me. Said I was at MMI. Are they able to do that without Judges order and am I able to recoup back... View More

Benjamin Salyers
Benjamin Salyers
answered on Jun 25, 2019

Yes, the insurance company can stop paying TTD when you are found at MMI. But, the determination of MMI can be contested if your doctor believes you are not at MMI. If and when you are at MMI, however, you then become entitled to compensation for either permanent partial or permanent total... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Kentucky on
Q: Does my employer have to reinstate me into the exact position as when I was hurt?

I was injured at my job and have been off on Comp for 5 months and some change. I have been released to return to work. They are talking about demoting me from the position I was in to another. Can they do that or do they have to return me to my previous position before I got hurt?

Timothy Denison
Timothy Denison
answered on Apr 9, 2019

As long as your pay is the same, they can put you in any position they need you in.

1 Answer | Asked in Workers' Compensation for Kentucky on
Q: I got injured on the job 6 months ago didn't lose much time but I am traveling from appointment to appointment

I am on workers compensation I'm just wondering am I able to get reimbursement for any hours lost for having to leave work to go to my doctor's appointments and physical therapy or is that just a loss

John Robinson
PREMIUM
John Robinson
answered on Jan 24, 2019

Under the Kentucky Workers' Compensation Act, you are entitled to recover wages lost due to treatment for your work-related injuries. Depending on circumstances, you may also be entitled to reimbursement for mileage to and from treatment and/or evaluations. If you have further questions, feel... View More

1 Answer | Asked in Workers' Compensation for Kentucky on
Q: Broke back during work hours. We carpool to 4 offices. It’s painful, do I have to travel on dr ordered light duty
Benjamin Salyers
Benjamin Salyers
answered on Dec 21, 2018

Your employer is not required to accommodate restrictions related to a work injury. However, if they can not reasonably accommodate, then the workers' compensation insurance carrier would have to pay lost wages (temporary total disability) during the period you're not working because the... View More

2 Answers | Asked in Car Accidents, Workers' Compensation and Personal Injury for Kentucky on
Q: I was a passenger in a work truck involved in a 2 vehicle car accident(no fault). How would I file and what is the claim

Injuries-

-Liver allaceration

-Both lungs bruised right one with a little collapse,

-4 broke ribs (right side)

-right upper arm and side has stitches

(Need to know)

We wasn’t on the job. A employee had used the truck over the weekend while we was... View More

Timothy Denison
Timothy Denison
answered on Aug 28, 2018

Personal injury suit against driver.

View More Answers

Q: My previous employer stop paying workers comp and refuse to take my attorneys calls? I’ve lied to get treatment.

My original orthopedic surgeon retired and my attorney and myself have tirelessly tried to contact my previous employers workers comp to arrange payment for a new care taker, but they never return any of our calls. My last visit to orthopedic surgeon was February of 2014. I have seen other doctors... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 20, 2018

Most states have things an attorney can do to get treatment. Problem now is showing your treatment you lied about is related. Sit down with your attorney, review what can be done.

1 Answer | Asked in Personal Injury and Workers' Compensation for Kentucky on
Q: Worker's comp is denying further treatment and nothing has been solved. What do we do?

They denied my finance's referral for a doctor that may actually help & say he's reached 'maximum medical potential.' They claim there is nothing further a doctor could do, implying he is stuck with his injury the rest of his life. They have ended his pay and are referring... View More

David Alan Wolf
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David Alan Wolf pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2017

Unfortunately, the worker's compensation system in most States limits care and is set up in the manner to save money rather than to provide reasonable and necessary care to injured workers. You need to speak to an attorney who will better advise you as to your rights, remedies, and... View More

1 Answer | Asked in Workers' Compensation for Kentucky on
Q: If an employee was full time when work related incident happened and got workers comp but changes status from full time

If an employee was full time when work related incident happened and got workers comp but changes status from full time to casual will the employee still get workers comp?

Brandon Voelker
PREMIUM
Brandon Voelker
answered on Mar 28, 2017

It depends on whether the worker has returned to work and what workers compensation benefit being referred to. If you return to work, after receiving TTD benefits, and then are reduced in hours, you will probably not receive additional TTD benefits. Your medical and all other workers compensation... View More

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