Episode 90: Calloway County personal injury attorney Jeff Roberts discusses workers’ compensation benefits due to injuries to linemen who were injured repairing electrical lines. This applies to Kentucky linemen working though out the state or in other states. It also applies to out-of-state lineman who sustain injuries while working in Kentucky.
Linemen Are Hard-Working Heroes
As the weather begins to get colder, winter storms aren’t far away. When the power goes out, it’s often to with an electrical line that’s been damaged. Linemen are the guys you see heading out around the clock, usually in inclement weather to make those repairs, restoring electric power for the rest of us.
At certain times, Kentucky linemen are dispatched to help in other states. It often requires them to leave their families to help other families. There are also instances during which out-of-state linemen do the same to help Kentucky communities regain power.
Jeff comments that his father was an electrician and a long-time member of the IBEW Local 816 (Paducah).
When linemen get injured while traveling to a repair site, or while working at the repair site, those injuries are usually covered under workers’ compensation. Jeff explains that other types of claims may also result from the accident or injury.
Jeff Has Represented Linemen and Linemen from other States
If your company sends you to Kentucky to assist in restoring electrical power, and you sustain an injury, you can file for Kentucky workers’ compensation benefits. However, for a person who is working out-of-state, he/she has the option of comparing the workers’ comp benefits from Kentucky and those of their home state. A workers’ compensation attorney will often consult with a colleague in the other state to determine which state’s benefits would be most beneficial to the injured employee.
Jeff explains that Kentucky offers benefits that may be eligible for lifetime benefit status, if certain steps are taken and if the extent of the injuries merit lifetime benefits. Some workers’ compensation cases can automatically qualify for lifetime benefits, in Kentucky. Other states have different laws, which may not offer these options.
Lineman Involved in a Wreck while Traveling
What happens if a lineman is involved in a wreck while traveling to a job site, even if it’s out-of-state? This would qualify for workers’ compensation benefits, if there’s a Kentucky connection. That could be a Kentucky lineman heading to a different state or a lineman from another state who has a collision while in Kentucky.
At the same time, there may also be a third-party claim against the negligent driver who cause the collision.
In Episode 45, Jeff discussed various types of electrical injuries and how workers’ comp benefits can help injured electrical workers. Injuries to linemen could include burn injuries from a shock and trauma to the back, knees and shoulders resulting from a fall or falling object. There is a wide-variety of injuries that don’t come from the electricity, itself. Unfortunately, these could also include a workplace fatality.
Workers’ Comp Benefits for an Injured Lineman
Under Kentucky workers’ compensation law, injuries to linemen would be eligible for temporary total disability (TTD), which pays a portion if his/her average weekly wage while they are off work, according to a doctor’s orders.
The medical treatment (including co-pays, deductibles, etc.) is covered by workers’ comp. Medications related to the injury will also be covered. It’s important to remember you have the right to choose your doctor. Listen to Episode 77 for more information. Additionally, the mileage required to get treated by your doctor or another specialist is reimbursable.
Depending upon the severity of your injuries, you may also qualify for permanent partial disability or permanent total disability benefits. This may also qualify you to file for Social Security Disability Insurance benefits. Jeff can help you with the SSDI claim.
Finally, you may also qualify for vocational rehabilitation to help you to find a new job, if you’re still able to work, but not doing the same type of work you did prior to the injury.
Local Linemen Dispatched to other States
Electric companies such as West Kentucky Rural Electric, Murray Electric, Paducah Power and others can dispatch linemen to assist in other communities and/or states. If this applies to you and you’re injured, you could be covered by Kentucky workers’ comp benefits (“extraterritorial coverage”), but as previously discussed, the state you’re in at the time of the injury could possibly have better benefits. Jeff can help you to make that determination.
Remember Your Duty to Notify Your Employer of Your Injury
Kentucky law requires you to inform your employer that you’ve had a workplace injury. If you don’t do this, you may forfeit your rights to receive workers’ compensation benefits for your injury. You don’t have to do it at the time of the injury, but you must give timely notice to a supervisor, manager, HR representative or someone else higher in the chain of command. Telling a co-worker does not satisfy this requirement. Jeff recommends doing this in writing (note, email or text) to document your notification.
The Right to Choose Your Own Doctor
This is an extremely important right and it can have a significant impact on your workers’ compensation claim. Jeff discussed it in Episode 72. Your company may try to steer you to a specific doctor, specialist or even pharmacy. There’s a chance that physician may try to save the insurance company money by minimizing your injuries or approving you to return to work earlier than you should. The “company doctor” might also fail to recommend certain treatments which might be more expensive to the insurance company. Listen to Episode 68 for more information.
Benefits Resulting from a Workplace Fatality
In Episode 36, Jeff explained the benefits that would go to the estate and the surviving family members. These are known a death and survivorship benefits.
If the death occurs within 4 years of the injury, Kentucky workers’ comp pays a death benefit to the estate of the deceased worker. The amount of this lump sum benefit adjusts each year. It’s meant to cover funeral expenses and various other expenses. The funds will then be distributed to the heirs of the estate or according to Kentucky law.
Survivorship benefits are also available. The deceased worker’s spouse will receive a percentage of the worker’s average weekly wage. Minor children will also receive a percentage of the benefits. These benefits could last until the age of 18 or potentially up to the age of 22. The benefits can also apply to others who might have been dependent upon the income of the deceased, such as an elderly parent or adult child with disabilities.
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.
We hope you found this episode insightful and helpful. Thank you for listening!
Is It Time to Speak with an Attorney who Understands Injuries to Linemen?
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.
