When You Deserve More Than Workers’ Comp
Although employees cannot file lawsuits against negligent employers and co-workers under Kentucky law, some accidents on the job are actually caused by other negligent third parties. When this is the case, you may also be able to seek compensation through a personal injury claim.
Negligent third party scenarios are very common:
- For example, on-the-job motor vehicle accidents are one of the more common work-related injury claims. When a negligent, non-employee driver caused the crash, workers can seek both workers’ compensation and pursue a personal injury claim.
- Additionally, accidents involving issues with equipment on the job could involve third-party negligence. A maintenance company could be liable for failure to repair certain equipment, or a manufacturer could be responsible for an accident caused by a defective part.
- In some workplaces, such as construction sites, many different companies and contractors may be operating in the same space. If a worker is hurt by negligence on the part of someone outside his or her own employer, a personal injury claim may be an option.
In addition to workers’ comp and personal injury claims, our knowledgeable attorneys often help workers pursue Social Security Disability benefits for catastrophic injuries.
What If My Work-Related Injury Involved a Car Accident?
Accidents involving cars and other motor vehicles happen frequently in the workplace. If your job required travel in a vehicle and resulted in an injury, you may qualify for workers’ compensation, regardless of who was driving or who was at fault. This would be true for any kind of delivery driver or an employee required to drive between job sites or to multiple locations to do their job.
Even if you are not eligible for workers’ compensation benefits after a car accident, you may still pursue compensation if someone else is at fault for the crash. You may be entitled to file a personal injury claim against the at-fault driver. Under workers’ compensation rules, you cannot sue your employer for a work-related injury, but you can seek compensation from others whose negligence harms you.
In some workplaces, such as construction sites for example, many different companies and contractors may be operating in the same space. If a worker is hurt by negligence on the part of someone outside his or her own employer, a personal injury claim may be an option.
This might be a visitor to a job site or a negligent driver who caused an accident.
Our attorneys at Morgan, Collins, Yeast & Salyer will explore all your options for pursuing full compensation for your injuries after a car crash. You might pursue a personal injury claim if someone other than your employer or a co-worker was in control of a car that hit you.
Additionally, accidents involving issues with equipment on the job could involve third-party negligence. A maintenance company could be liable for failure to repair certain equipment or a manufacturer could be responsible for an accident caused by a defective part.
How We Can Help Even if Workers’ Compensation Doesn’t Apply?
If your employer can convince the KY Department of Workers’ Claims that you do not qualify for workers’ compensation, it’s time to take a closer look at who was responsible for the accident you were involved in. Our firm may be able to help you bring a personal injury claim against any party whose negligence caused your injury.
The personal injury attorneys of Morgan, Collins, Yeast & Salyer have extensive experience with car accidents, slip and fall accidents, product liability claims, and other general personal injury claims. For example:
- If another party caused a car accident that injured you, you might pursue a car accident claim, even if the workers’ compensation system has determined the injury was not a work-related injury.
- If a manufacturer produced a defective product that injured you, you might pursue a product liability claim against the manufacturer.
- If a property owner ignored a building or grounds hazard or security issue that led to your injury, you might pursue a premises liability claim against the property owner
Workers’ compensation generally provides compensation for medical expenses, lost wages, and disability or disfigurement. A personal injury lawsuit may seek compensation for medical expenses, lost wages, and pain and suffering.
If you have suffered a disabling injury and cannot return to your former job or any other kind of gainful employment, our Social Security Disability attorneys may be able to help you obtain Social Security Disability Insurance benefits. If you qualify, SSDI will provide about 40 percent of your pre-retirement income.
Frequently Asked Questions About Workers’ Comp
If you have been hurt on the job, you probably have questions. Our experienced workers’ compensation attorneys stand ready to address all of your questions and concerns. When you are ready, we invite you to contact us for a free case evaluation to talk about your case.
Workers’ Comp FAQs
After a layoff or Worker Adjustment and Retraining Notification Act (WARN) notice, you can still be entitled to benefits for your injury on the job. Morgan, Collins, Yeast & Salyer has helped many workers obtain workers’ compensation benefits even after being laid off.
Yes. Motor vehicle accidents are a very common cause of injuries on the job, among those who travel frequently and even those who do not. Car crashes on the routine commute to or from your primary place of business, however, are not compensable.
When a doctor approves a plan for light or reduced duty work, the employee is often obligated to accept the assignment. Light duty might be an excuse to decrease workers’ compensation benefits, however. You will want to speak to a lawyer about ensuring that you are truly ready for light duty and that light duty work does not impose requirements that go beyond your present abilities.
Every workers’ compensation case is unique. How much you get in a lump sum workers’ comp settlement depends on many factors, including:
- Your age
- Your education level
- Your average weekly wage
- Your ability to return to work
- The severity of your impairment
To discuss the specifics of your case and what a fair settlement amount should be, please contact us for a free consultation.
Warehouse and other transportation workers are entitled to safe workspaces, and thus compensation benefits, even though they may occasionally or regularly work in difficult or dangerous circumstances.
Steelworkers have jobs that can require them to use very complex and sensitive heavy equipment in highly controlled settings. Accidents can still occur, and workers have the right to seek workers’ compensation injuries for harm suffered on the job.
The sooner, the better. There are specific deadlines and time limits that must be met when filing your claim. So our attorneys will want to begin investing your case, documenting your injuries, and working on your claim immediately.
Kentucky law allows permanent total disability benefits if you are unable to work.
Between Social Security and workers’ comp temporary total disability benefits, you are entitled to receive no more than 80 percent of your highest year’s earnings or your time loss compensation or pension rate, whichever is higher.
Social Security will reduce any retroactive benefits based on the wages you were receiving from the temporary total disability.
Similarly, the DWC will reduce your ongoing benefits based on your Social Security benefits.
Applying for Social Security benefits is ideal if you know you will be disabled for at least one year. Call Morgan, Collins, Yeast & Salyer if you have questions about either program.
Absolutely. Our Kentucky car accident lawyers deal with auto insurance companies on a daily basis. If you’ve been seriously injured by another motorist while driving, we’ll help you demand full compensation for what you’ve been put through. We also handle the property damage claims to recover the cost of repairing or replacing crashed automobiles for our car accident clients and don’t charge for this service.
It may qualify for both.
Here’s what you need to know:
- If the accident occurred while you were on the job, the injuries that put you out of work should qualify you for workers’ compensation, and
- Workers’ comp laws protect employers from lawsuits. But anyone responsible for a car accident who does not employ you does not have this protection. You may be able to seek compensation from them through a personal injury claim.
Common Workplace Injuries
Morgan, Collins, Yeast & Salyer has handled a wide variety of workplace injury claims. Some of the most common types of injuries we see include:
Our law firm also assists families who have lost a loved one in a fatal workplace accident.
Talk to Our Kentucky Workers’ Comp Lawyers Now
Some lawyers will rush your case through. They’ll tell you to “just sign the insurance company’s papers.” They won’t call you back. They won’t answer your questions. They’ll even make you gather all your own evidence.
At Morgan, Collins, Yeast & Salyer, our workers’ compensation lawyers work on your case like you’re a member of our family. We’ll focus on your claim so you can focus on getting better.
We also practice Social Security Disability law, so if your injuries qualify for disability benefits, we can help with that, too.
Don’t take on the insurance company by yourself. Insurance companies are used to running right over Kentuckians. But not when we step in.
Contact us now for legal assistance and to schedule your free consultation.
Testimonial
Really liked how I was treated very professional when they spoke to me over the phone it was like talking to someone I had known forever. Will definitely recommend Morgan, Collins, Yeast & Salyer. I will definitely call on them in the future if I ever need them
Review by: Danny B.
Date published: 2022
Rating: ★★★★★5 / 5 stars
