Kentucky Workers Compensation Law
Injuries that occur while at work are commonly known as "workers' compensation
claims." Workers' compensation claims are different from other personal injury
claims. For example, in most personal injury cases, the plaintiff or injured
party must prove that the defendant caused the injury as a result of negligence.
On the other hand, in workers' compensation cases, the injured worker does not
need to prove that his employer was negligent, but rather, the injured employee
must merely show that his injury occurred within the course and scope of his or
her employment.
Additionally, the damages that can be recovered in a workers' compensation case
differ significantly from the damages that are recoverable in a personal injury
claim. Perhaps the biggest difference is that an injured worker cannot recover
pain and suffering damages in a workers' compensation case. Rather, an injured
worker's recovery in a workers' compensation case is primarily based upon the
amount of disability that the injured worker has sustained. The amount of
disability combined with an injured worker's average weekly wage will usually
determine the award of benefits.
In addition to a disability award, a injured worker may have the right to
medical benefits, vocational rehabilitation, and the right to reopen their claim
in the future. All of these issues are very complex and legal assistance is
often necessary. If you or a loved one has been injured at work call Saladino,
Oakes & Schaaf now at 270-444-0406 or toll free at 1-800-564-4238. The initial
consultation is free of charge, and if we agree to accept your case, we will
work on a contingency
basiscontingency basis, which means we get paid for our services only if
there is a monetary award or recovery of funds. Don't delay! You may have a
valid claim and be entitled to compensation for your work injury.
The above is not legal advice. That can only come from a qualified attorney
who is familiar with all the facts and circumstances of a particular, specific
case and the relevant law. See Terms
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