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"No Fees, Costs, or Expenses Unless You Recover!"
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The Law Firm of Flora Templeton Stuart fights for the rights of injured workers. Flora Templeton Stuart
has represented injured workers who have sustained serious injuries at work and need immediate payment of
medical bills and disability benefits for 27 years. The Law Firm of Flora Templeton Stuart will represent
you, the injured worker, to ensure your rights under the law, to include, not only collection of benefits,
but also by consulting with you, so you can receive optimal medical treatment as allowed by law. No fees,
costs or expenses unless you recover.
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A Guide to Worker's Compensation:
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| 1. |
Notify Your Employer Immediately! If you have a work related injury (either a single incident or event, the result
of repetitive and cumulative injuries, or exposure to occupational disease), notify your employer as soon as possible.
Make sure your employer completes the First Report of Injury or Accident Report. Your employer is required by law to
file a copy of this report with the Department of Worker's Claims in Frankfort . If your employer requests that you
sign the report of injury, make sure you read it before you sign it, and obtain a copy before you leave the place
of employment.
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Weekly Benefits - As a result of the work injury, if you are off work for more than two weeks, benefits shall be
paid from the date of the injury, and payable on a regular payday of the employer, beginning with the first payday
seven days after the date of injury. Make sure you copy any checks you receive and provide a copy to your attorney.
If your physician gives you a statement that you aren't to work, called Temporary Total Disability or TTD, you should be
entitled to receive weekly benefits that represent 66 2/3 of your Average Weekly Wage or AWW (up to a maximum of $509.03-
as of January 1, 2000). Weekly benefits usually stop when (1) the physician has determined you have reached Maximum
Medical Improvement or MMI or (2) the physician hired by the employer has stated you are at MMI.
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Permanent Impairment and Occupational Disability - Once the " underlying medical condition has stabilized ", or your
physician has determined you have reached MMI, and you are released from his or her care, the workers' compensation
insurance company may want to settle your claim. The factors they consider are your age, the percentage of whole
person impairment assigned to your condition per the AMA Guides to Impairment, your education level, whether you are
able to return to work with the same or increased wages than those being earned at the time you were hurt. There are
other factors, which are used to determine the potential settlement you may be entitled.
If your treating physician or the hired physician appointed by your employer has determined that you do have some
percentage of permanent impairment, you may be entitled to receive money for the resulting permanent damage from the
results of the work related injury. The percent of disability is based on the whole person impairment given by the
physician who evaluates you, per the AMA Guides.
Your case may be sent for a University Evaluation (independent assessment for either the physical or psychological
complications of the work injury). You will need to be fully cooperative with the University Evaluator during the
exam. This evaluation is set up by the Worker's Compensation Board and its goal is to determine what caused work
injuries, the percentage of impairment, and any permanent restrictions or limitations that you will need to follow.
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Who is responsible for benefit payments?
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The Department of Worker's Claims does not pay benefits. Employers are responsible for payment of benefits due
under the Worker's Compensation Act. Usually, this liability is insured through worker's compensation insurance.
The law imposes penalties on employers who fail to obtain worker's compensation coverage. Businesses with no
coverage may be closed by court action and uninsured employers are subject to civil suits when a workplace injury
occurs. Citizens are urged to report uninsured employers to the Departments of Worker's Claims by calling 1-800-554-8601.
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As an injured employee, what are my rights under the Kentucky worker's compensation law?
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As an employee in Kentucky, you have the right to:
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Worker's compensation insurance coverage. This coverage should be furnished by your employer at no cost to you.
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Know the identity of the worker's compensation insurance carrier and the claim representative.
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Receive a courteous and reasonably prompt response from the carrier upon communication regarding a claim.
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Receive temporary income benefits while recuperation from the injury.
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Receive all necessary medical treatment for the occupational injury or disease without making a co-payment.
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Select a physician to treat a work related injury or illness without interference from your employer.
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Change the treating physician one time with no questions asked.
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Receive a card, which identifies the designated physician employer and carrier.
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Be reimbursed for expenses paid in the process of receiving medical treatment, including travel
expenses and out of pocket payment of prescription medications.
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Receive retraining if unable to return to suitable work.
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File a claim for permanent disability benefits within two years of the injury or the termination of temporary income benefits, whichever is later.
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As an injured employee what are my responsibilities under the Kentucky worker's compensation law?
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As an injured employee you must:
Notify Supervisors of Injuries and Diseases.
Employees must immediately (or as soon as practicable) notify their supervisors of any injury. Notification
should include information about the work occurrence and the body part affected. Most employers have a written
policy for reporting injuries; compliance with that policy will facilitate the payment of benefits.
A claim may involve an occupational disease or gradual injury that is not readily viewed as being caused by work.
In these circumstances as soon as an employee learns a condition may be work-related, notice should be given to
the employer. Often employees acquire this knowledge from a physician who advises of the work connection.
Obtaining Medical Services.
As soon as possible after the work-related injury occurs, the employee should obtain necessary medical services.
The employee may choose the treating physician and can change that selection one time, no questions asked. If the
employer has entered into an authorized managed care program, the employee must choose from among the participating
medical providers. Employees must notify the employer and insurance carrier of the physician choice. The employer or
insurance carrier should deliver to the employee a physician designation and identification card once it is known
that the employee requires continuing medical care.
Employees should ask treating physicians to promptly report their status to the employer and insurance carrier.
Prompt reporting speeds payment of benefits and helps employers and physicians in assisting employees to return
to work.
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Medical Care
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How is a designated physician chosen?
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The injured employee has the right to choose the treating physician without interference from the employer.
This physician, depending on the nature of the injury or illness may be a general practice physician, surgeon,
psychologist, optometrist, dentist, podiatrist, osteopath or chiropractor. The designated physician is the
primary treating physician and is responsible for referring the employee to additional providers as necessary.
The employee has the one-time right to change the designated physician. Additional changes require permission
from the employer or insurance carrier or the approval of an Administrative Law Judge.
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Within ten (10) days following the notice of a work related injury the employer or insurance carrier must send
Form 113 (Notice of Designated Physician) to the employee who then has ten (10) days to complete and return the form.
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After the form is completed the insurance carrier will provide the injured employee with a printed card indicating:
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Employee name, social security number, date of birth, and the date of the work related injury or exposure.
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The name and telephone number of the physician selected by the employee.
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The name and telephone number of the insurance carrier (who is responsible for payment).
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General information concerning Form 113 on the reverse side of the card.
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The employee must present this card when seeking additional medical services for the work-related injury.
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Are there limits on attorney fees?
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For attorney/client contracts made on or after July 14, 2000 , there is a maximum fee an injured worker's
attorney can charge. For the first $25,000 of the award, the charge can be 15% and 5% can be charged for
the remainder of the award, not to exceed $12,000.
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| Important Worker's Compensation Links and Phone Numbers |
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