Friday, April 14, 2017

Kentucky Workers Compensation Law Facts And Information

By David Brooks


Workers compensation is insurance that offers cash benefits or medical care for workers who get injured as a direct result of the work they do. For those who live in Kentucky workers compensation law refer to a set of rules in various states that are designed to pay expenses of workers who might be harmed while at work. The employees can recover wages they have lost, medical expenses and disability payments. Costs associated with rehabilitation and retraining will also be taken care of.

It is a system that is administered by the state and gets financed by mandatory contributions by employers. People employed by the federal government have access to the same program. States enacted the laws as replacement for traditional personal injury laws. This has been done in attempt to remove risk from employers and employees. Outside the compensation system, employees that might get injured or become sick because of their employment must file lawsuits and prove the employer is responsible.

When cases are filed this way, there will be delays and there is also the possibility that the worker may lose the case and end up recovering nothing. From perspective of an employer, compensation eliminates possibility of litigation which might lead to more demands. Even in a case where employers act negligently and an employee gets hurt or is killed, they are still only responsible for ordinary contributions. In short, it works like an insurance program.

In exchange for the certainty that it offers, the workers compensation system has a price for employers and employees. Workers are not allowed to sue employers or co-workers for negligence. They stand to benefit less from lawsuits. For the employer, the main shortcoming is the premium they are charged by the state. The added payroll expense is paid whether accidents occur or not.

Every state will provide exceptions which allow a worker to bypass statutes set and file lawsuits for certain damages. This will include a situation in which a co-worker or employer has intentionally harmed a worker. There will also be exceptions when employees get injured by defective products or those that are explosive. In such cases, one is allowed to file lawsuits against third parties like drivers or landowners.

In the event that a case is contested, it is important to understand what is involved. When a claim is filed, it is very likely that an employer will dispute its validity. They have the incentive to dispute the claims if they feel such a claim is improper. The rates they pay are influenced by many claims, which is the reason for their urge to dispute claims. State workers compensation boards are charged with the responsibility of investigating claims before making decisions

As this happens, the employee is seen by a physician. It is the physician who performs evaluation on behalf of the state. If the board rules that the claim at hand is not covered, there is room for appeal. This helps employees who are not contented with the rulings.

The best way for employees to protect their rights under the compensation law is by retaining legal counsel. An attorney will come in handy. They know how to present such cases in the best way possible for maximum benefits.




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