Workers' Compensation FAQ

Here are some of the more frequently asked questions about workers' compensation. If you have other questions, or want information pertaining to your specific situation, contact Gatlin Voelker, PLLC, today.

Do I have to go to the Doctor my employer sends me to
Many times people contact my office, who have been forced to go to a business health center, which is created for the benefit of employers not employees. When you are hurt at work, you can choose your doctor, not your employer. Unfortunately, the business health centers are usually inclined to just try to get you back to work, without determining the extent of your injuries. When your injuries are not healed and you seek to get additional medical care, the Employer/Workers Compensation carrier, will then use the business health report to say you are not in need of additional care.

When you are hurt it is important that you pick your doctor, not your employer.

If you have been injured at work in Campbell, Boone, Kenton, Grant, Pendleton, Owen, Gallatin, Harrison or anywhere else, please call (859) 781-9100 or contact us online for a free consultation. There is not charge for an initial consultation.

If you are currently on Workers Compensation Benefits and your adjuster advises that you are to go and see a doctor for an Independent Medical Exam or IME, please do not think that it is truly an "independent" exam. It is an exam being paid for by the workers compensation carrier, many times to second guess the opinion/treatment of your treating Doctor. A better term is DME or Defense Medical Exam.

What Should I Do If I Get Hurt At Work
Without delay you should immediately tell your supervisor. If your supervisor is unavailable, immediately inform someone over him/her, including if necessary the owner of the company. The Kentucky Worker's Compensation Act requires and injured worker to give timely notice to his/her employer or the injured worker may be barred from pursuing benefits.

How Is Permanent Partial Disability (PPD) Determined
PPD is determined by your treating doctor providing an impairment rating to your whole body based on the American Medical Association's Fifth Edition. The best way to describe this process is to imagine your body as a pie with 100 pieces. Your doctor may determine you have an impairment of 10% to your whole body, or 10 pieces of the pie are gone.

My Employer/Insurance Carrier Will Not Pay For My Medical Bills
An attorney or your doctor can file a medical fee dispute to obtain necessary treatment.

If you are having problems getting medical bills covered and paid after a Workers Compensation Claim, please call my office at Cold Spring, Campbell County, (859) 781-9100 or Williamstown, Grant County (859) 824-3361, whichever office is more convenient for you. I will be more than happy to provide a free consultation over the phone or in person.

Do I Have To Go to Court?
You do not have to go to court for a Kentucky Workers Comp claim. Workers Compensation Claims are handled in an administrative proceeding, by appointed Administrative Law Judges, who decide your case.
Either party may appeal ultimately to the Kentucky Court of Appeals.

If you reside anywhere in the Northern Kentucky area and need assistance with a Workers Comp claim, call my office at 859.824.3361 or 859.781.9100 for a free consultation.

Can I Go To My Family Doctor If I Am Injured On The Job?
Yes, you can. Bu many times your Kentucky employer/insurance carrier will try to get you to see a doctor of their choosing, who may not have your best interests at heart.

How Do I Pay For An Attorney That Handles My Kentucky Workers Comp Case?

Kentucky law provides that an attorney may charge a fee of 20% of the first $25,000 recovered, 15% of the next $10,000 and 5% thereafter, with a maximum fee of $12,000.

So...if an attorney doesn't win your workers compensation case, you pay nothing.

My Spouse Was Killed In A Work Injury – Am I Or My Children Entitled To Benefits?
If your spouse was killed in a work related accident, you are entitled to benefits.

The Kentucky Workers Compensation Act provides for benefits for a surviving spouse and children.

If that is the case, it is obviously an emotional time for the family. And I would like to help.

If you have lost a spouse, contact me and we can spend some time answering your questions and explaining exactly what your options are.

How Long Do I Have To File My Workers Compensation Claim?
In Kentucky, you have two years from either the date of injury and/or the last day that Temporary Total Disability (TTD) payments were made.

Another Person Caused My Work Injury – Can I Sue Them?
Yes, you can. Third party claims can also arise. You may have a Workers Compensation Claim, as well as a third party personal injury suit.
To insure all possible claims are considered, it is necessary to talk to qualified attorney.

Give me a call at 859.824.3361 or 859.781.9100 to discuss your Northern Kentucky Workers Compensation Claim. The call is free and there is no obligation.