Advocates For Ohio And Kentucky Workers’ Compensation Claims
An on-the-job injury may leave you wondering what is next, how you will be paid, what medical expenses are covered and what will happen if you cannot go back to your job. At Gatlin Voelker, our workers’ compensation attorneys can help you. We serve Kentucky and Cincinnati with issues such as:
- Workers’ compensation
- Termination of employment
- Sexual harassment
- Noncompete agreements
- Discrimination
- Whistleblower and retaliation
We are ready to help you make the choices that could have a major impact on getting back to work and the life you had before your injury.
Handling A Range Of Workplace Injuries
We are here to help you get what you need to recover from your on-the-job injury. From wage replacement issues and medical treatment concerns to misgivings about returning to work, our dedicated, compassionate attorneys are here to answer your questions and help you navigate your way through complicated workers’ compensation claims. Our Northern Kentucky law firm helps people navigate the workers’ compensation system so that they can receive the full range of benefits they deserve after any type of on-the-job injury or accident such as:
- Back injuries
- Falls from heights (ladders, scaffolding, etc.)
- Motor vehicle accidents
- Construction accidents
- Machinery accidents
- Machinery accidents
- Chemical exposure
Many people think about the workers’ compensation system as something they can rely on when they get hurt on the job. While this is true, it is not completely true. The workers’ compensation system is the most helpful to those who make the system work for them. Many people cope with:
- Having their claim denied
- Being forced to return to work too soon
- Returning to duties they should not have to do because of their medical condition
If you have been injured at work, no matter how big or small the issue may seem now, do not put off speaking with a workers’ compensation attorney any longer. It’s important to understand your rights before you agree to or sign anything from your employer or insurance company.
Answering Your Common Workers’ Compensation Questions
We have the knowledge and experience to navigate the legal system efficiently, ensuring you receive all the benefits you’re entitled to under the law.
How do I know if my injury qualifies for workers’ compensation?
Understanding the criteria for a compensable workplace injury can be confusing. Individuals often ask our workers’ compensation attorneys to assess whether their injury or illness is eligible for workers’ compensation benefits.
What benefits am I entitled to receive under workers’ compensation?
People often seek clarification on the types of benefits available to them, including coverage for medical expenses, lost wages, vocational rehabilitation and disability benefits.
What should I do if my workers’ compensation claim is denied?
When faced with a denied claim, individuals seek guidance on their options for appealing the decision and how to navigate the appeals process effectively. Our team has decades of experience to help you navigate a claim denial.
Can I choose my own doctor for treatment, or am I required to see a company-selected physician?
Many people want to know their rights regarding medical treatment, including whether they have the freedom to choose their treating physician or if they’re obligated to see a doctor selected by their employer or insurance carrier.
How long will it take to resolve my workers’ compensation claim?
The timeline for resolving a workers’ compensation claim varies depending on factors such as the complexity of the case, the medical treatment required and any disputes that may arise. Individuals often inquire about the expected duration of their case and what they can do to expedite the process.
Do I have to go to the doctor my employer sends me to?
Many times, people contact our law firm after being forced to go to a business health center that is created for the benefit of employers, not employees. When you are hurt at work, you 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.
What is an Independent Medical Examination (IME)?
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 Examination 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 Examination.
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 Workers’ Compensation Act requires an injured worker to give timely notice to his/her employer or the injured worker may be barred from pursuing benefits. Next, contact a workers’ compensation lawyer as soon as you can.
How is permanent partial disability (PPD) determined?
PPD is determined by your treating doctor, who provides 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. What now?
A workers’ compensation attorney or your doctor can file a medical fee dispute to obtain the necessary treatment. If you are having problems getting medical bills covered and paid after a workers’ compensation claim, please call our Northern Kentucky office in Covington.
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. Ultimately, either party may appeal to the Kentucky Court of Appeals.
Can I go to my family doctor if I am injured on the job?
Yes, you can. But 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 much does a workers’ comp lawyer cost?
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 benefits for a surviving spouse and children. If that is the case, it is obviously an emotional time for the family.
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 ensure all possible claims are considered, it is necessary to talk to a qualified workers’ compensation attorney.
Read Our Workers’ Compensation Law Articles
Workers’ Compensation In Kentucky: Common Questions
Gatlin Voelker, November 4, 2020
If I’m hurt at work, what will I get from workers’ compensation?
Gatlin Voelker, November 18, 2018
Work Injury Lawyers Who Were Former Prosecutors
Our firm offers decades of combined experience, which allows us to create highly effective cases for injured workers. Founding attorney Brandon Voelker sits on the board of Kentucky Employers Mutual Insurance Company. That experience gives us a special insight into how to help our clients secure the best possible results.
“Dominic Capano was able to far exceed expectations during what could have been a highly contentious mediation settlement. Dominic adjudicated with flawless prowess, skillfully and strategically negotiating on my behalf. I recommend him to anyone who is facing a legal quandary. Bravo to you, Dominic!”
“Tony Bucher was very kind throughout the entire engagement. His legal advice was sound and he was a great deal of help. I plan to use Tony and the Gatlin Voelker team for legal services should I ever need them again. Great service!”
Don’t Wait; Speak With A Workers’ Comp Attorney Today
When you have suffered a workplace injury, you deserve representation that is committed to truly helping you. Turn to Gatlin Voelker. Please don’t hesitate to call us at our Northern Kentucky law firm. Get a free consultation regarding your workers’ comp case by calling +1-859-535-0155 or emailing us today.