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  1. #1
    Join Date
    Jun 2005
    Location
    kentucky
    Posts
    12

    Default Help with Worker's Comp in Kentucky

    Hello

    My husband was injured due to falling from a skylift while working at a job site. The lift was changed (rigged) beyond its natural working design by another person at the business. The two people on the lift, my husband, and one other person both fell when the wieght shifted and the thing fell. My husband fell on his butt region, and got the worlds most severe hematoma as well as many other severe problems with his back etc. He is supposed to get a check from the WC IN, and he has been to two Doc visits so far, at which all he gets is meds to :Ease" the pain. My question is this, what will my husband have to go through to get this paid for? He is a residential home builder (framer) and we have 5 small children to take care of. I am a stay at home, home schooling mom. Can he look forward to some kind of settlement or will he have to live on 2/3 of his pay for the rest of his life? He cant even move, let alone stand. He cant stand to play with his kids (which was his favorite thing to do) and sleeping for him has become a painful time.
    I realize that some of my questions are too in the future to answer with certainity, however, I have gone to KYs WC site, and there is no helpful info there at all! we are not rich, and this has severly hurt us as far as electricty etc. I just hope for someone to tell me what we might be expecting during this. Getting a lawyer will not be an option, since I have no idea how I would pay them.

    All help greatfully appreciated.
    L Coultrup

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Workers' Compensation & Tort

    If you want to recover damages beyond workers' compensation, you need to consult a lawyer in your state to have the situation reviewed for possible negligence claims against a third party. In both workers' compensation and negligence cases, attorneys typically work on a contingent fee (no fee unless there is a recovery) basis, and they typically offer free initial consultations.

  3. #3
    Join Date
    Jun 2005
    Location
    kentucky
    Posts
    12

    Default WC in KY

    Hi

    No, I do not think that third party is the way I can go, since the person who made the lift was working as a leader for the company. I am just confused by all I have read ( or rather not read) on the interent about WC here in KY. I have been to the website, to no avail, it is all legalese, with no lay person lingo, no explainations etc. I have seen other states websites for WC and it is straight forward.
    I do not know what my husband can expect, what his rights are, what he can or can not ask for.
    I am concerned as to what he can expect in the way of compensation. This was not in any way his fault, but he and his children are paying the price, and we will not be able to have a life on the same level that we had before because of this.
    I cant believe that he has to be prepared to accept that for a year or so he will have to live on 2/3 pay ( which is just shy of minimum wage) and that is it.
    Can anyone tell us if they have had a successful resolution to WC, how settlements get accomplished?Thank you for your reply.

    lisa

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Workers Comp Settlements

    A settlement is usually a lump-sum payoff. The employee gets the benefit of the lump sum, but usually gives up any future claim. The insurer often pays less than they would otherwise pay if future benefits continued.

    Workers' compensation pays less than full salary, as it is assumed that an employee who is disabled from work does not incur the same level of expense as one who works. (No work-related wardrobe expenses, no commuting expenses, etc.)

  5. #5
    Join Date
    Jun 2005
    Location
    kentucky
    Posts
    12

    Default KY WC

    Hi again

    so it is like this, my husband will have to wait until someone at the Insurance co that is handling his case decides whether he is hurt enough to get a settlement or not? He has been off for two weeks and just last week he was told by someone a check would be to him today. this morning I have my husband call the Ins co, because I have been reading that there are forms etc that are to be filed, and they tell him, no check has been written, and that they will be taking a statement today at 2 pm! What recourse does my husband have when this is how this is going? Is there a governing body somewhere that makes sure the rules ( what ever they are) are followed? Or is this what it seems, a sea of stupidity , with no one to make sure the law is followed?
    We have kids, and have no money, this fall was the total falt of his company. What can we do now? Can someone please advise as to whether or not we need a lawyer just to get payments from Insurance co?
    thanks again very much for all the replies, i am sorry if i sound angry, but with kids.... its so hard
    lisa

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Workers Comp

    You suggested earlier that you were getting payments. If you have a work-related injury and are not getting benefits, then you should consider consulting a lawyer.

    If you want a lump-sum payoff, you can talk to the lawyer about the possibility of negotiating such a payoff - and the consequences, in terms of the loss of future benefits.

  7. #7
    Join Date
    Jun 2005
    Location
    kentucky
    Posts
    12

    Default

    :?

    hi

    as i mentioned before, getting a lawyer is out of the question, since we have no money for that. The payments my husband was told he was to expect to start this monday, of course did not arrive. When he called the Insurance co, they said ..."no payment in system", and then informed us that they needed to do a statement. This is a full two weeks from accident, and after a couple of discussions with the IC. We asked them, is there anything else we need to do, they said no. Now this.
    Are there any remedies for this type of behavior? What can we do, for our rights?

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