5 Steps to Take if You're Hurt on the Job

Episode 2:  Louisville workers’ compensation attorney Scott Scheynost discusses the steps and why they’re so important.

Step 1:  Seek medical treatment.  Kentucky law allows you to select your own doctor.  You are not required to only see the company doctor.  Companies want to lower costs, so they and some doctors may attempt to minimize the medical treatment and medical tests you receive.  Your family doctor may focus more on you and your recovery.  Let your doctor know your injury occurred at work so the fact gets entered into your medical record.

Step 2:  Give notice to your employer, as soon as practical.  Tell a supervisor or manager.  Verbal notice is sufficient, but you might want to take the time to write a note for your employee file.  An FROI form is a valid record, but you might also want to make sure other people are aware you informed your company. 

Step 3:  Make sure the claim gets filed.  You have to file a workers’ compensation claim within a specific period of time.  Contact an experienced Kentucky workers’ comp attorney to ensure your claim is handled properly.  If you exceed the Statute of Limitation, you may not be able to file a claim to preserve your right to pursue benefits. 

Step 4:  Make sure you’re getting the right benefits.  Kentucky law provides for monetary compensation, medical care payment of medical bills and/or related expenses.  The average weekly wage calculation is complex.  It’s often miscalculated.  If you have a second job (“concurrent employment”) and your employer knows about it, you may be able to claim both sources if income in your average weekly wage calculation.  This can result in getting a higher benefit.

There’s a possibility of qualifying for social security disability insurance (SSDI), an automobile accident claim, PIP benefits, a products liability claim and other sources of compensation.  These claims may be able to be pursued at the same time as a workers’ compensation claim. 

Step 5:  Preserve your benefits.  Kentucky currently offers the right to lifetime benefits and the right to reopen your claim if your condition worsens.  However, you need to take steps to ensure you preserve these benefits. 

Contact Scott Scheynost at [phone].  This podcast is meant to provide information and is not legal advice.  Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.