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Workers’ Comp Also Covers Work Related Injuries Such As Injuries Due To Repeated Motions, Psychological Stress, and More
To be covered by workers’ compensation, an injury need not be caused by a sudden accident such a fall. Workers’ compensation may also cover claims for injuries due to repeated physical motion like a straining your back from lifting heavy boxes or from the repetitive motions of driving a bus for a long period of time. Also, workers can sometimes be compensated for the effects of psychological stress caused by the job in addition to any physical injuries.
Injuries Must Occur During Work and While You Are In the Course of Employment
With a few exceptions, any injury that occurs in connection with work is covered. The legal boundary is that employees are protected by workers’ comp as long as the injury happened “in the course of employment.” For example, a traveling nurse would be covered by workers’ comp while making service calls to patients and when visiting patient’s homes, but not while traveling to and from work for the day or while traveling to a purely social dinner later that evening.
No Fault Injuries
From the employee’s standpoint, workers’ comp is a no-fault system. It does not matter whether a worker was careless when injured, although claims made by employees who hurt themselves while drunk or fighting have traditionally been rejected as outside the bounds of “work-related activity.”
Injuries that can be shown to have been intentionally self-inflicted by the employee, or to have been caused by substance abuse, generally are not covered. However, courts have often sided with the injured worker when such cases are disputed, ruling that the injury is covered as long as the employee’s behavior was not the only thing that caused the injury.
The Definition of “Working” Has Expanded
The legal definition of when you are working, for workers’ compensation purposes, also has expanded in recent years to cover a greater number of injuries. For example, employees who were injured playing baseball or football on a company-affiliated team have been allowed to collect workers’ compensation benefits for those injuries.
If you or someone you know has a Workers’ Comp issue, please contact a Workers’ Compensation Attorney today. Lawrence & Associates can help injured workers in Ohio and Kentucky. Call today for a free consultation.
Chapter 13 is a type of bankruptcy that allows consumers who are struggling with debt to seek relief through the court. Chapter 13 is commonly used by people who are facing home foreclosure, as it can stop that process in its tracks. A debtor must meet Chapter 13 requirements to file for bankruptcy under this chapter. Unlike a Chapter 7 bankruptcy, which allows the debtor to discharge some debts in exchange for the sale of nonexempt property to pay creditors, Chapter 13 allows the debtor to keep their property and repay creditors in a three or five year court-approved repayment plan.
If you’re struggling to pay your bills each month, filing for bankruptcy under Chapter 13 may allow to you get back on track by reorganizing your debts into one affordable monthly payment; however, there are certain requirements that must absolutely be met in order to file for a Chapter 13 bankruptcy. A Kenton County, Kentucky bankruptcy attorney can determine if you are eligible for a Chapter 13.
If you don’t qualify to permanently discharge debt under Chapter 7 or prefer to set up a new payment plan with your creditors, Lawrence & Associates will help you reorganize your debt in a Chapter 13 bankruptcy filing. We will prepare and file all the necessary paperwork to complete the process and will represent you in hearings or meetings with creditors, the bankruptcy trustee or the bankruptcy court. We will help you put together a reorganization plan and will review all proposed repayment plans to ensure they are appropriate.
If you or someone you know needs to file a Chapter 13 bankruptcy, contact a Northern Kentucky Bankruptcy Attorney today. Lawrence & Associates can help!
After an auto accident some people aren’t sure whether they should hire an attorney at all. It’s also tough to decide which Northern Kentucky attorney to hire to represent you in your dealing with insurance companies. No matter what, it is always a good idea to hire an attorney – a good attorney – to represent you in an automobile accident and/or liability claim. Look no further than the insurance industry itself for proof of this fact.
Internal Insurance Company Statistics Show You Should Hire an Attorney
Insurance companies’ internal statistics reveal that claims asserted by attorneys settle for an average of fifty percent higher than claims asserted by claimants without an attorney. On average, you leave fifty percent of the money you deserve, by law, on the table when you decide not to hire an attorney. It doesn’t take long to realize this is a bad deal for you. Remember that insurance company adjusters are trained to pay out as little as possible in any auto accident claim. Further, under Kentucky law the other driver’s insurance company doesn’t have a duty to pay you a fair settlement. Whether these adjusters have an ethical duty to treat injured people fairly is never considered by the insurance company. Insurance companies have a legal duty to investigate the claim, but rarely is a claim’s investigation fairly handled. Rather, insurance company’s use this opportunity to ignore or minimize facts helpful to the injured Northern Kentucky resident and to emphasize other facts that often have no relationship to whether or not an injury occurred.
For example, insurance companies will insist that the following facts are important…
The fact that the injured person did not report a significant injury at the scene or use an ambulance (again, very common even with significant injuries);
Any prior injuries you have had, even if those injuries have nothing to do with the way you were hurt in the crash;
Degenerative Disc Disease or underlying arthritis shown in X-rays (everyone has this, but the insurance claims it is proof that the injured person has a pre-existing injury);
The fact that the emergency room report reports an injury incorrectly (this is more common than you think);
The extent or type of property damage to the cars involved in the wreck;
In truth, none of these things tell the story of your injury, and your claim should never be declined or paid in less-than-full because of these things.
Don’t Get Caught Between Sophisticated Automobile and Health Insurance Companies
A good Northern Kentucky auto accident attorney can help you minimize the effect of liens from health insurance companies and medical providers after your verdict or settlement. Some laws, such as the Medicare Secondary Payer Act, are very complex and almost impossible to wade through even for some attorneys. If you don’t have attorney, the people that are supposed to be on your side – your own insurance company or your medical providers – will often take more of your settlement or verdict than the law requires you to pay. In short, the injured Northern Kentucky resident is often caught between multiple insurance companies, both auto insurance and health insurance, and medical providers who are sophisticated and want to be paid with money that should compensate the injured person for his or her injuries. The unrepresented injured person is often taken advantage of. A full-time Fort Mitchell Kentucky personal injury attorney knows that reaching a resolution with the other person’s insurance carrier is only half the battle, and takes pride in maximizing his or her client’s recovery.
Lawrence & Associates Law Firm also helps auto injury victims in Ohio receive the compensation they deserve. Call us today!
Ohio: (513) 351-5997
Kentucky: (859) 371-5997
 Determinants of Total Compensation for Auto Bodily Injury Liability Under No Fault; Investigation, Negotiation and the Suspicion of Fraud, published in Insurance and Risk Management, volume 71, January 2004, at pages 633 through 662.
When you file for Chapter 7 or Chapter 13 bankruptcy in Kentucky, the automatic stay immediately goes into effect. The automatic stay prohibits most creditors from continuing with collection activities, which can provide some relief to debtors.
Once the automatic stay goes into effect, it can protect a debtor from the following…
Utility Disconnections – If you’re behind on a utility bill and the company is threatening to disconnect your water, electric, gas, or telephone service, the automatic stay will prevent the disconnection for a period of time.
Foreclosure – If your home mortgage is being foreclosed on, the automatic stay temporarily stops the proceedings, but the creditor will often be able to proceed with the foreclosure eventually. If you are facing foreclosure, Chapter 13 bankruptcy is usually a better remedy than Chapter 7 bankruptcy, if you wish to keep your house. A Northern Kentucky bankruptcy attorney can help you determine this.
Eviction – If you are being evicted from your home, the automatic stay may provide some help; however, there may be a few wrinkles. If you are facing eviction, it is in your best interests to speak to an experienced bankruptcy attorney.
Collection of Overpayments of Public Benefits – If you receive public benefits and were overpaid, normally the agency is entitled to collect the overpayment out of your future checks. The automatic stay prevents this collection.
Multiple Wage Garnishments = Filing for bankruptcy stops garnishments dead in their tracks. Although no more than 25% of your wages may be taken to satisfy court judgments (up to 50% for child support and alimony), many people file for bankruptcy if more than one wage garnishment is threatened because garnishments can be detrimental to an employee’s paycheck.
Lawrence & Associates’ Bankruptcy attorneys are dedicated to helping Northern Kentucky families get the help they need. We serve all of Boone, Kenton, Campbell, Gallatin, Owen and Pendleton County, as well as other counties in the surrounding areas. Come see us at our Fort Mitchell, Kentucky office today.
When considering filing for a workers’ compensation claim, it is crucial to keep the statute of limitations in mind. If an injured worker does not file a claim within the allotted time, the claim will not succeed. The statute of limitations provides for filing deadlines for Kentucky Workers’ Compensation claims.
Kentucky Workers’ Compensation Laws
KRS 342.270(1) and KRS 342.185(1) state that injury claims must be filed within two years of the date of the accident, or last payment of voluntary income benefits, also known as temporary total disability benefits (TTD), whichever occurs later in time. “Income benefits” are defined in KRS 342.0011(12) to be those payments made per KRS 342 to the disabled worker or his or her dependents in case of death, excluding medical and related benefits. For instance, if an employee is injured at work on January 1, 2012 and paid TTD by his employer until January 1, 2014, he has until January 1, 2016 in order to file a workers’ compensation claim.
Notifying the Department of Workers’ Claims
Where TTD has been terminated by the employer, the employer must notify the Department of Workers’ Claims of the termination so that the employee can be advised of his/her right to file a claim. Failure to notify the Department of Workers’ Claims will toll the statute. City of Frankfort v. Rogers, Ky. App., 765 S.W.2d 579 (1988).
Gradual Injuries and Statute of Limitations
With regard to injuries that develop gradually from the repetitive trauma, the statute of limitations begins running when an employee has been told by a health care professional that the injury or condition is work-related. Often times, an injured worker won’t know that his or her injury caused by repetitive trauma may be covered under workers’ compensation; however, in many cases, workers’ compensation will cover the injury as long as a medical professional opines that the repetition caused the injury.
Lawrence & Associates is dedicated to helping work injury victims in the Greater Cincinnati area receive the compensation they deserve. If you or someone you know has been in an accident at work, call Lawrence & Associates today.
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