A primary principle of workers’ compensation insurance is that because your employer provides state-mandated workers’ comp coverage, you cannot sue your employer for on-the-job injuries. The Kentucky Workers’ Compensation Act recognizes workers’ compensation benefits as the exclusive remedy for work-related injuries.
But if someone on your job site other than your employer or co-worker created unsafe conditions or acted with disregard for safety and you were injured, you may have grounds for a personal injury claim.
An experienced workplace injury attorney with Morgan, Collins, Yeast & Salyer can help you understand your potential right to seek compensation after a qualifying workplace injury. Contact us today for a free consultation and no-obligation assessment of your work injury claim. We’ll find a path forward and fight for full compensation for you.
Who May be Held Liable for a Workplace Injury?
Workers’ compensation law is based on an agreement that, in exchange for providing insurance that covers all injuries in the workplace, businesses will be shielded from lawsuits filed by injured employees, regardless of the employer’s role in the on-the-job accident.
But your direct employer is the only party shielded from liability after a workplace accident. If another business or subcontractor was active at the same work site and created conditions that caused your injury, you may hold them financially accountable. A third-party injury claim asserts that someone other than your employer has legal responsibility for the employee’s injuries. An injured employee may pursue a workplace injury lawsuit against a vendor, subcontractor, or another non-employer at their workplace whose negligence led to an occupational injury.
Our knowledgeable attorneys at Morgan, Collins, Yeast & Salyer can review the details of your workplace accident and help you understand your rights.
If you are eligible to pursue a personal injury lawsuit, you may seek compensation for your losses through a third-party claim while collecting workers’ comp benefits.
A third-party claim might demand compensation from:
- A negligent contractor working at your job site,
- A negligent vendor on your job site, including government vendors (e.g., utility companies),
- Suppliers or manufacturers of faulty equipment that caused injuries,
- A driver on a job site who ran into an employee,
- A driver who caused an accident during a business trip that injured an employee,
- A homeowner who allowed their dog to attack an employee making a delivery.
If your lawsuit is successful, the insurance provider that paid your workers’ compensation benefits may place a lien against your court award to recoup their losses.
How Can I File a Lawsuit Against My Employer in Kentucky?
You might be able to file a personal injury lawsuit against your employer if you were not engaged in job duties or otherwise on the clock when you were injured on your employer’s premises.
The case for this is Wymer v. JH Props., Inc., 50 S.W.3d 195 (Ky. 2001). In this case, a hospital employee had sustained a work-related injury and then later sustained a separate and distinct injury while undergoing physical therapy at a facility that was part of the hospital. Because the woman had not sustained her latter injury in the course and scope of her employment with the hospital, she was not eligible for workers’ compensation. Therefore, Kentucky courts said, the exclusive remedy provision did not prevent her from pursuing a lawsuit against the hospital, her employer.
If, for example, you work at a retail store in Lexington but slipped and fell and were injured while shopping there during your “off” hours, you would not qualify for workers’ compensation benefits. However, you might be able to file a personal injury claim. The situation would be the same for employees of any public-facing company who were injured while acting as a customer of the business and not an employee.
Potential Damages in Workplace Injury Lawsuits
Workers’ compensation pays two primary benefits:
- All medical expenses for treatment related to a covered injury
- About two-thirds of salary and wages while unable to work because of a workplace injury.
Kentucky’s workers’ compensation program also pays certain stipends for various permanent disabling or disfiguring injuries, such as paralysis or loss of a limb.
A personal injury lawsuit may demand compensation for:
- Medical expenses
- Lost income
- Reduced earning capacity
- Pain and suffering (physical and emotional)
- Emotional distress
- Disfigurement
- Loss of consortium.
In rare cases, punitive damages might be available if you were injured as a result of negligent behavior. Under Kentucky law, their misbehavior must show oppression, fraud, or malice for punitive damages to be awarded.
How Long Do I Have To Sue For Work-Related Injuries?
It’s very important to pay close attention to the statute of limitations in personal injury claims. If you file your claim after the deadline established by statute, you will likely be barred from receiving compensation.
Kentucky’s statute of limitations in personal injury claims is strict:
- For most personal injury claims in Kentucky, the statute of limitations is one year.
- When the personal injury claim involves an auto accident, the statute of limitations is extended to two years.
To make things even more complicated, because Kentucky is a no-fault auto insurance state, the clock on a car accident claim may start on the date of the car accident or when you receive your last personal injury protection car insurance claim payment.
The limited time available to investigate and develop a solid claim makes it crucial to speak with an experienced personal injury attorney in Kentucky as soon as possible after an accident caused by someone else’s negligence.
Get The Best Legal Support You Deserve
Our team of experienced Kentucky lawyers can help you demand the money after an injury, whether the case involves a workers’ compensation claim or a personal injury lawsuit. We’ll work to understand the circumstances of your injury and seek all the compensation available under Kentucky law.
Our lawyers are known for having the Kentucky Courage to stand up to insurance companies and demand justice for our clients. Contact us for a free consultation today. We are ready to fight for you from nearby offices in Lexington, Somerset, Manchester, London, North London, Hazard, Paducah, Paintsville, Prestonsburg, and Princeton, Kentucky.
