Episode 115: Calloway County workers’ compensation attorney Jeff Roberts discusses recommends why you should be pro-active with your workers’ comp claim. Jeff has helped injured workers for the past 33 years. He’s seen what can happen if someone with a workplace injury ignores his/her claim. It can have a significant impact on the benefits they receive.
Tell Your Supervisor You’ve Been Injured
Jeff advises the first thing you need to do after a workplace injury, is to report it to a supervisor or someone above you in the “chain of command.” Actually, that’s a legal requirement. If you fail to notify your employer, you may not be able to file a workers’ comp claim. You have a duty to notify.
Even if you don’t immediately seek medical treatment, once you decide to do so, you need to let your supervisor know it’s work-related. For this reason, it’s always better to tell your employer as soon as possible, even if you’re not going to seek medical attention, at this time. It’s a good idea to put it in writing, such as in an email, text or hand-written note, but a verbal notification satisfies the requirement. If it’s documented, you may be able to avoid a problem if they deny you told them.
Go See Your Family Doctor
Your family doctor will focus on helping you to heal. Sometimes “the company doctor” might focus more on saving the insurance company money. In Jeff’s opinion, you will typically receive better treatment from your family doctor. This can also impact when you are cleared to return to work.
Kentucky law gives you the right to select your medical provider for a workplace injury. If your employer has a managed care network, you may have to stay within that network, but they are required to give you a choice within that network.
Kentucky has rules regarding your designated physician in a worker’s comp situation. You need to be very careful here. Again, this is another reason you should begin with your family doctor. Listen to Episode 68 for more information about how you designate your physician.
Communicate with Your Attorney
Jeff asks that clients keep him up to date on any doctor’s appointments. It’s important because the medical treatment needs to be kept up to date in your case files. This also helps him to have a better understanding of the type of tests, treatment and prescriptions you’re being given.
You should also keep your employer up to date regarding your work status. If you have to stay off of work due to doctor’s orders, your employer needs to know that. You don’t want them to think you’re simply not showing up for work. Give them a copy of your doctor’s note, off-work slips, light duty requirements, etc. You should also make sure Jeff gets copies of all of the documentation. You need to be pro-active with your workers’ comp claim. Jeff isn’t supposed to communicate directly with your employer. Jeff can speak to the insurance adjuster, but not to the employer.
Be Careful of Your Statue of Limitations
You have a specific window of time during which you have to file a claim. You might be receiving Temporary Total Disability (TTD) payments. Sometimes the employer will offer to pay some of the initial expenses and wages/salary, without filing a claim. However, this doesn’t necessarily mean an official claim has been filed. The clock is still ticking. If you don’t file the claim within your statute of limitations, you might not be able to get your medical benefits, have surgeries paid and other eligible worker’s comp benefits. This is a good reason why you should hire an experienced workers’ comp attorney to represent you.
Don’t let them play games with your workplace injury. This might be your first injury, but they’ve been involved in many of them, over the years. At the same time, if your conditions worsens over time, you may not be able to get the workers’ comp insurance to cover your treatment.
You Can Verify if Your Employer Has Workers’ Compensation Insurance Coverage
In Kentucky, if the company has even one employee, it’s required to provide workers’ comp insurance. Luckily for the injured worker, Kentucky also has a special fund to provide for injured workers. This is called the Uninsured Employers Fund. You’ll have to have an attorney who can litigate your case to ensure your medical expenses and other issues are paid by the Uninsured Employers Fund. Jeff explained this in Episode 33.
If for some reason the policy lapses, or maybe they were violating the law to save money, the employer can be penalized. Jeff may be able to sue the employer in civil court. This could result in a significant award.
We hope you found this episode insightful and helpful.
Thank you for listening!
What Do Other Clients Think About Jeff?
We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients. A 5-Star rating and the comments are earned recognition and demonstrate Jeff’s commitment to his clients. As a solo attorney, he has more Google Reviews than some firms with multiple attorneys. Jeff shares the credit with his staff at the Roberts Law Office. Successfully representing injured clients is a team effort. It’s why Jeff likes to say his firm offers small town service with big city results.
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County (Murray) and now in Christian County (Hopkinsville), Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state. He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations. He’s not just a Western Kentucky injury attorney.
Is It Time to Speak with an Attorney about Your Workers’ Compensation Claim?
The office phone number is (270) 753-0053 or toll free at 800-844-5108. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice. Jeff’s principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
