As a healthcare worker in Kentucky, you provide essential services for our state’s communities. In light of your sacrifice and dedication, you deserve to be taken care of when your strenuous and important work leaves you with painful injuries. Unfortunately, the process of obtaining fair workers’ comp benefits for on-the-job injuries is not always as straightforward as it should be.
Standing up strong when you have been injured and the going gets tough requires Kentucky Courage. At Morgan, Collins, Yeast & Salyer, our attorneys are known for using their Kentucky Courage to help injured Kentuckians. Our experienced hospital injury lawyers know what it takes to help you pursue the full workers’ compensation benefits provided by Kentucky law. If your workers’ comp claim has been unfairly minimized or denied, our team will work to pursue the full medical care and wage replacement money you need to recover.
Call us today at (877) 809-5352 or fill out our online contact form to learn about your options in a free initial consultation.
About Healthcare Workers in Kentucky
The Cabinet for Economic Development (CED) considers healthcare one of Kentucky’s major industries. As a result of roughly $555 million in recent investments, nearly 100 healthcare-related facilities have been constructed or expanded in the state since 2014. Today, more than 175 healthcare-related manufacturing and technology companies employ close to 30,000 Kentuckians, with nearly 6,500 new jobs added since 2014.
Those numbers do not include healthcare workers employed at hospitals or doctors’ offices. This means tens of thousands of people work in healthcare and healthcare-related fields throughout the Commonwealth of Kentucky, performing crucial jobs to keep our communities safe.
Healthcare Workers and Nurses Are Most Prone to Injuries
Healthcare workers such as nurses and nurse’s aides are especially susceptible to on-the-job injuries because they routinely perform strenuous work such as lifting patients. According to the Bureau of Labor Statistics, private hospital workers suffer job-related injuries and illnesses at higher rates than workers in more conventionally dangerous industries, such as construction and manufacturing.
- The average incidence rate of work-related injury and illness is 6.0 cases per 100 full-time workers in the private hospital industry, twice as high as the average rate of 3.0 cases per 100 full-time workers in all other private industries.
- The average incidence rate of work-related injury and illness is 8.1 cases per 100 full-time workers in state government hospitals, significantly higher than the average rate of 3.7 cases per 100 full-time workers in other state agencies.
- One study estimated the average cost of hospital employee injury claims was more than $15,000, which doesn’t include the indirect costs of the loss of a hospital worker’s labor.
Different types of hospitals have different specialties, which means the most common causes of work-related injuries can look different for various types of hospital workers. For example:
- Private and local government hospitals largely specialize in medical and surgical care. The most common causes of work-related injuries in these facilities in one recent year were overexertion, which included injuries caused by lifting or moving patients.
- Lifting or moving patients was associated with 45 percent of work-related injuries in private hospitals (24,040 cases) and 44 percent of work-related injuries in local government hospitals (3,090 cases).
- The second-most common causes of workplace injuries in private and local government hospitals were slips, trips, and falls. Slips, trips, and falls accounted for 25 percent of work-related injuries in private hospitals (13,230 cases) and 24 percent of work-related injuries in local government hospitals (1,690 cases).
- Work-related injuries in state-run hospitals that specialize in psychiatric and substance abuse care included violence and “injuries by persons or animals.” This included injuries that involved weapons, injuries that involved direct physical contact with others, and both intentional and unintentional injuries.
- Of the 4,590 injury cases in state-run hospitals involving violence and injuries caused by persons or animals that year, more than half of the injuries (3,050 cases) were the result of intentional injuries by another person.
Common Injuries of Healthcare Workers and Nurses
Whether it’s overexertion, falls, exposure to contagious diseases, or being injured at work by a patient, nurses and other healthcare workers face significant risks every day. Some of the most common injuries among nurses and healthcare workers include:
- Sprains, strains, and tears – Soft tissue sprains, strains, and tears were the most common types of nonfatal work injuries in all hospital settings in one recent year. Many of the injuries, which are frequently caused by overexertion and wear and tear, were serious enough to result in a month or more away from work.
- Fractures and dislocations – Fractured and dislocated bones are common types of musculoskeletal injuries in healthcare workers. These injuries may occur as a result of lifting patients or falling on slick floors.
- Back and spine injuries – Back injuries such as herniated discs can occur while lifting heavy objects. A spinal cord injury can happen due to a slip and fall accident or acts of violence.
- Traumatic brain injuries – Falls and violent incidents can lead to blunt-force head trauma, which may result in traumatic brain injuries (TBI). Even a relatively minor concussion can result in serious consequences and missed time at work.
- Lacerations and puncture wounds – Frequent contact with needles, scalpels, and other sharp objects puts healthcare workers at risk for lacerations, punctures, needle stick injuries, and other types of dermal trauma.
Kentucky Workers Compensation Law for Healthcare Workers
Under state law, most employers in Kentucky are required to provide workers’ compensation coverage for their employees, including most healthcare workers. Eligible employees are generally entitled to workers’ comp benefits that cover medical expenses, a portion of lost wages, and vocational rehabilitation costs.
Only work-related injuries and illnesses are covered by workers’ comp policies. This includes physical injuries sustained while performing typical job duties in the workplace.
Injured healthcare workers may need to provide additional evidence to obtain benefits if:
- Their work-related injuries do not occur in the workplace,
- Their work-related injuries aggravate a pre-existing condition,
- They suffer work injuries as the result of wear and tear,
- They suffer psychological injury as a result of a physical work injury,
- They develop an occupational disease.
Workers may be denied benefits if they are injured at work while intoxicated, engaged in horseplay, or breaking company policy. Healthcare workers whose employers provide coverage are generally not allowed to sue their employers.
Workers’ Comp Rights of Healthcare Workers in Kentucky
Kentucky healthcare workers have several important rights.
Kentucky healthcare workers who are injured on the job are entitled to “no-fault” workers’ comp benefits. This means benefits are available regardless of who was at fault for the workers’ injuries, even if the worker was responsible for their injuries themselves.
Injured workers have the right to receive the medical care they need with no obligation for associated costs, co-pays, or excess charges.
Injured healthcare workers in Kentucky have the right to choose the provider they see for treatment, within certain limits. If a healthcare employer is part of a managed healthcare network, an injured employee must select a physician from their employer’s network, except when emergency care is needed.
How to Proceed with a Workers’ Comp Claim as a Healthcare Worker
You can take the following steps to protect your rights and establish a strong foundation for your Kentucky workers’ comp claim:
- Notify your employer – Under Kentucky law, you are required to notify your employer of your work injury or illness as soon as practicable to do so. It’s best to provide your employer with a written notice and keep a copy for your records.
- Seek prompt medical attention – After a workplace injury, you should see a doctor. If you need urgent care, visit an emergency room immediately. Otherwise, visit a doctor as soon as possible, and be sure to let them know you are seeking treatment for a work-related injury.
- Gather documentation – To obtain the full benefits you deserve, it’s often necessary to provide documentation of your work-related injuries and other losses. You can support your claim with your medical records, pay stubs, bank records, tax returns, and other proof of your injuries and financial losses.
- Contact a workers’ comp lawyer – The Kentucky Labor Cabinet specifically states that all workers’ comp claims are held to the same standards, regardless of whether they are prepared by an attorney or by an injured worker acting on their own Because the workers’ comp claims process is complex, you should consult a knowledgeable workers’ compensation attorney who can help you gather support evidence and file a strong case.
How Morgan, Collins, Yeast & Salyer Can Help
If you were injured on the job as a Kentucky healthcare worker, the attorneys of Morgan, Collins, Yeast & Salyer can handle every aspect of your workers’ comp claim while you focus on your recovery.
Our firm has the resources, knowledge, and Kentucky Courage to take on healthcare employers and workers’ comp insurers and go the distance to fight for the benefits you need. Our dedicated team is available 24 hours a day, seven days a week. Call us now or contact us online to get started with your free initial case review.
