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Kentucky Workers' Compensation Questions & Answers
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... Read 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... Read 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
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 free... Read 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 employer... Read 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... Read more »

Timothy Denison
Timothy Denison answered on Aug 28, 2018

Personal injury suit against driver.

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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... Read 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 to short term/ long term... Read more »

David Alan Wolf
David Alan Wolf 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 recommended... Read 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
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... Read more »

1 Answer | Asked in Workers' Compensation for Kentucky on
Q: Who gets reimbursement (employer or WC) if I was mistakenly paid by both? How long do I have to repay if short now?

This is my first time filing and had no idea how it worked. I received a registered letter from WC stating in CAPITAL letters that they "DID NOT" know that they were also paying me. If my employer pays for workers compensation, shouldn't I have to pay them back and not WC? I am currently trying to... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 9, 2017

Contact a member of the kentucky Justice Assn who handles workers comp in your county-they give free consults.

1 Answer | Asked in Personal Injury and Workers' Compensation for Kentucky on
Q: MSHA citations?

Can anyone recommend a lawyer in the western Kentucky area with experience in Mine Safety and Health Administration cases? Specifically, MSHA cases involving civil or criminal penalties against mine employees such as lead men

Peter N. Munsing
Peter N. Munsing answered on Nov 11, 2016

If you mean defending, then your company should be paying defense costs. If you mean you suing, if you were hurt contact a member of the Kentucky Justice Assn who handles mine related claims--they give free consults.

1 Answer | Asked in Personal Injury and Workers' Compensation for Kentucky on
Q: Lost wages and IME

I was injured twice to my left shoulder this past year. After the first injury I was placed on light duty. I received my normal hours. I started working a second job and was doing OK till the next injury. The company that I got injured at has reduced my hours and changed my availability. I could... Read more »

Adam Studnicki
Adam Studnicki answered on Nov 8, 2015

Talk to a local worker's comp lawyer. There is usually nothing "independent" about an IME. It should be called a DME -- defense medical examination.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is...
Read more »

1 Answer | Asked in Workers' Compensation for Kentucky on
Q: Can my employer make me write book reports on safety as light duty work for a workers comp claim
Justin Lee Lawrence
Justin Lee Lawrence answered on Nov 3, 2014

A case came out on this VERY recently that suggests the answer is no, or at least that they may still have to pay you TTD. I have not written anything on that case yet, but this is the closest thing I have on my site:... Read more »

1 Answer | Asked in Workers' Compensation for Kentucky on
Q: If I'm on workers compensation can I still work. I'm a sales rep for cable company and was wondering??
Justin Lee Lawrence
Justin Lee Lawrence answered on Nov 3, 2014

If you want to work, you can. You just won't get TTD and that will start the statute of limitation running. Check this out for more information: http://www.lawrencelaws.com/faqs/do-i-have-to-go-back-to-work-when-the-insurance-company-tells-me-to/

1 Answer | Asked in Workers' Compensation for Kentucky on
Q: My dad was hurt on the job over 20 years ago. A WC doc said he could return to work!! They are terminating his pay! ??
Justin Lee Lawrence
Justin Lee Lawrence answered on Nov 3, 2014

There's not really a question being posed here, and there's not enough detail to give you any kind of answer. A WC doc said he could return to work yesterday, or 20 years ago?

1 Answer | Asked in Workers' Compensation for Kentucky on
Q: Proof time is still open regarding your claim and attorneys are filing medical evidence at this time. What does this mea

What does this mean? My case is over a year old.

Justin Lee Lawrence
Justin Lee Lawrence answered on Nov 3, 2014

This simply means the case is ongoing and the attorneys are filing evidence with the court that they intend to use if your case has to be taken to final litigation before an Administrative Law Judge. Based on that very generic description, I'd say the attorneys are just doing their jobs.... Read more »

1 Answer | Asked in Workers' Compensation for Kentucky on
Q: What is the statute of limitations for a workers comp claim? Please see details.

I was injured on the job/received medical care via workers comp. I saw a chiropractor for 25 visits. W/C stop paying and my condition is worse. accident Dec/Jan 2012. I was hit by a FEDEX truck in the parking lot of a FEDEX facility while using the employee crosswalk. The van driver was fired and... Read more »

Justin Lee Lawrence
Justin Lee Lawrence answered on Nov 3, 2014

You only have two years following the date of injury or the date of the last TTD payment, whichever is later. If you did not get TTD following an injury in January 2012, then your statute of limitations expired January 2014.

1 Answer | Asked in Workers' Compensation for Kentucky on
Q: Hi, 1 surgery was done for rotator cuff tear, no improvement, doc says I need another surgery, but, he won't claim WC.

I had rotator cuff surgery 10 months ago, after PT and several injections of cortazone and steroids into my shoulder, It is still very painful. The doctor says that I need another surgery, however, he won't do it as a workers comp. insurance claim....what should I do now.

Justin Lee Lawrence
Justin Lee Lawrence answered on Nov 3, 2014

Get an attorney and - assuming the attorney thinks the injury and surgery is work related - the attorney will make the Comp carrier pay back the health insurance carrier.

Here is some more information on the Comp carrier's duty to pay medical bills:...
Read more »

1 Answer | Asked in Workers' Compensation for Kentucky on
Q: i had a workers comp,settelment and was given life time medical,but the insurance co,keeps taking me back to court

what i want to no is what are my rights on this matter,i see 2 doc,one is chiroptacer,one is family doc,i have one 3times,on chicoprtaer,now they are fighting me on my medicine,,,how many times can they do this and what can i do to stop this my lawyer wont help me,

Justin Lee Lawrence
Justin Lee Lawrence answered on Nov 3, 2014

Unfortunately, that is one way the Comp system is broken. The carrier can take you to court over and over again, but they don't have to pay for your costs and fees when you win. It is getting easier to find an attorney to represent you on these medical fee disputes because your attorney is... Read more »

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