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Lawrence & Associates Get a Prisoner Temporary Total Disability (TTD) and Surgery for an Accident That Happened While He Was Working

Posted on Thursday, April 9th, 2015 at 2:57 pm    

prisoner work programEveryday employees are injured while on the job and everyday employers and insurance companies try to deny those injuries have happened on the job because they are trying to minimize the value of claims. Our goal is to help our clients get the medical care they need to recover as much as possible. We want to share a recent case we handled to give you an idea of what we can do for our clients. We will supply as many details as possible while still respecting our clients need for privacy.

The Situation

Our client is a prisoner in the Kentucky state prison system. Shortly before he was incarcerated (for unrelated charges), he was injured at his work in Covington, Kentucky when a box fell from a high shelf and struck his shoulder. The Workers’ Compensation Carrier refused to provide medical treatment or Temporary Total Disability because it claimed our client, as a prisoner, was a ward of the prison system and would have to get treatment and other benefits that way. Unfortunately, the prison system also denied responsibility and client was left without medical care.

What We Did

At Lawrence & Associates, we believe everyone has rights under the laws of the Commonwealth of Kentucky. It did not matter that our client was a prisoner. We took his claim and filed it, proving to the Administrative Law Judge that our client required surgery related to his workplace injury.

The Result

Not only did we get surgery approved, but we also made the Workers’ Compensation carrier pay Temporary Total Disability (TTD) to our client while he was incarcerated. Our client is currently undergoing physical therapy and sending his TTD checks home to his wife and children.

Contact Us (859.371.5997) for a Free Consultation

Experienced Workers’ Compensation & Employment Law Attorneys

Lawrence & Associates have handled all types of workers’ compensation cases. Lawrence & Associates will work to build a strong and successful case for you.

Common Types of Work Injuries….

  • Back injuries and herniated discs
  • Head injuries and spinal cord injuries
  • Meniscus tears and other knee injuries
  • Shoulder injuries and rotator cuff damage
  • Complex regional pain syndrome
  • Exposure to toxic substances, including chemicals and mold
  • Carpal tunnel syndrome and other repetitive motion injuries
  • Construction accidents, including scaffolding collapses, falls and injuries caused by heavy equipment
  • Broken bones

If you lost a loved one in a work accident, we may be able to help you obtain survivor’s benefits. We know that there is simply no amount of money that can replace your loss, but we will work hard to get you the resources you need to make ends meet and begin moving forward in life.

More About Us

>> Our Team
>> Our Testimonials
>> Our Frequently Asked Questions (FAQs)


Lawrence & Associates Get a Settlement for a Client After His Employer Denied Treatment and Refused To Pay Temporary Total Disability

Posted on Friday, April 3rd, 2015 at 9:29 am    

lifting heavy itemsEveryday employees are injured while on the job and everyday employers and insurance companies try to deny those injuries have happened on the job because they are trying to minimize the value of claims. Our goal is to help our clients get the medical care they need to recover as much as possible. We want to share a recent case we handled to give you an idea of what we can do for our clients. We will supply as many details as possible while still respecting our clients need for privacy.

The Situation

Our client injured his back and neck lifting heavy equipment while working for his employer in Florence, Kentucky. Because he had a neck injury years beforehand, his employer denied all his treatment and refused to pay him Temporary Total Disability (TTD). He became desperate, unable to pay for his medical bills and unable to get treatment, although his doctor was recommending an immediate surgery. He also had no income, and his wife’s income alone was not enough to support their family.

What We Did

Lawrence & Associates filed our client’s claim and asked the Administrative Law Judge for an immediate hearing to determine whether our client was entitled to have the employer’s Workers’ Compensation carrier pay for his medical bills, and whether our client was entitled to TTD payments. It was crucial that we get our client’s claim decided immediately because he was in dire straits and was thinking of filing bankruptcy so his home wouldn’t be foreclosed on.

The Result

Lawrence & Associates won the claim and got our client the treatment he needed. He is still treating today and hopes to make a full recovery. Also, we forced the employer’s Workers’ Compensation carrier to pay back all of the TTD that our client should have been paid from the date he was first injured, and he was able to use that money to pay off or catch up the debts that had been troubling him.

Contact Us (859.371.5997) for a Free Consultation

Experienced Workers’ Compensation & Employment Law Attorneys

Lawrence & Associates have handled all types of workers’ compensation cases. Lawrence & Associates will work to build a strong and successful case for you.

Common Types of Work Injuries….

  • Back injuries and herniated discs
  • Head injuries and spinal cord injuries
  • Meniscus tears and other knee injuries
  • Shoulder injuries and rotator cuff damage
  • Complex regional pain syndrome
  • Exposure to toxic substances, including chemicals and mold
  • Carpal tunnel syndrome and other repetitive motion injuries
  • Construction accidents, including scaffolding collapses, falls and injuries caused by heavy equipment
  • Broken bones

If you lost a loved one in a work accident, we may be able to help you obtain survivor’s benefits. We know that there is simply no amount of money that can replace your loss, but we will work hard to get you the resources you need to make ends meet and begin moving forward in life.

More About Us

>> Our Team
>> Our Testimonials
>> Our Frequently Asked Questions (FAQs)


Lawrence & Associates Gets a Workers’ Compensation Settlement For a Client With Complex Regional Pain Syndrome (CRPS)

Posted on Tuesday, December 30th, 2014 at 1:48 pm    

Complex Regional Pain SyndromeEveryday employees are injured while on the job and everyday employers and insurance companies try to deny those injuries have happened on the job because they are trying to minimize the value of claims. Our goal is to help our clients get the medical care they need to recover as much as possible. We want to share a recent case we handled to give you an idea of what we can do for our clients. We will supply as many details as possible while still respecting our clients need for privacy.

The Situation

Our client worked for a Northern Kentucky cable installation company. One day, while installing cable, he felt a pop in his shoulder. That pop was an injury to his nervous system caused by physical exertion. As a result of the injury, our client developed Complex Regional Pain Syndrome, Type 1, also known as Reflex Sympathetic Dystrophy. This debilitating condition caused our client to be unable to use his arm, and caused the arm to be extremely painful to the touch. Despite being diagnosed by both his treating doctor and the company’s doctor, our client could not get the company to provide full benefits for him.

What We Did

Lawrence & Associates filed our client’s claim with the Kentucky Department of Workers’ Claims right away. We have a lot of experience with CRPS sufferers, and we knew that this type of claim does not get a good result without providing a great deal of proof for the Administrative Law Judge and company to consider. Our attorneys needed to dig through every medical record and interview every witness to prove our client’s injury was work related. Further, because CRPS is so debilitating, we knew we would have to prove permanent impairment so our client had steady income to live off of until he reaches social security retirement age.

The Result

We reached a settlement with the company’s carrier for over $500,000, which was divided into money used to replace our client’s lost wages and money used to pay for our client’s future medical needs. This settlement allowed our client to pay off all of his family’s outstanding debts, including their mortgage, so they could live on a single family income. It also insured that our client would get the medical treatment he needs to live a happier, and more relatively pain free life.

Contact Us (859.371.5997) for a Free Consultation

Experienced Workers’ Compensation & Employment Law Attorneys

Lawrence & Associates have handled all types of workers’ compensation cases. Lawrence & Associates will work to build a strong and successful case for you.

Common Types of Work Injuries….

  • Back injuries and herniated discs
  • Head injuries and spinal cord injuries
  • Meniscus tears and other knee injuries
  • Shoulder injuries and rotator cuff damage
  • Complex regional pain syndrome
  • Exposure to toxic substances, including chemicals and mold
  • Carpal tunnel syndrome and other repetitive motion injuries
  • Construction accidents, including scaffolding collapses, falls and injuries caused by heavy equipment
  • Broken bones

If you lost a loved one in a work accident, we may be able to help you obtain survivor’s benefits. We know that there is simply no amount of money that can replace your loss, but we will work hard to get you the resources you need to make ends meet and begin moving forward in life.

More About Us

>> Our Team
>> Our Testimonials
>> Our Frequently Asked Questions (FAQs)


Some Insurance Companies Employ Private Investigators to Find Evidence Against Your Workers’ Compensation Claim

Posted on Monday, November 24th, 2014 at 1:47 pm    

private investigatorIf you have a workers’ compensation claim and your gut is telling you that someone may be following you….your gut may be correct. Many insurance companies employ private investigators to find evidence that a claimant is healthy enough to return to work or that a claimant is earning income while collecting workers’ compensation benefits. However, with the increased use of social media, insurance companies may not need to physically follow a claimant in order to discover damaging information.

PIs Troll Social Media

With the increased use of social media, claimant’s need to be aware that what they post on Facebook, MySpace, LinkedIn, Twitter, etc. may potentially damage their workers’ compensation claim. In some cases, insurers are asking for the passwords to their claimants’ private Facebook accounts. Although this seems like an obvious privacy violation, in 2010, the New York Supreme Court dealt with this exact issue.

Romano v. Steelcase, Inc.

The employer served the claimant with a notice for discovery requesting full access to current and deleted records on her Facebook and MySpace pages. Romano v. Steelcase Inc., 30 Misc. 3d 426, 907 N.Y.S.2d 650 (Sup. Ct. 2010). The claimant refused to give the authorizations, and the employer responded by filing a Motion to Compel with the Court. The employer supported their Motion with the claimant’s public content, which contained photos of the claimant smiling happily outside her home despite her claim of being confined to her house and bed. The claimant argued that the request and Motion violated her privacy rights.

The judge however disagreed that turning over the records requested was a violation of the claimant’s privacy rights. In his ruling in favor of the employer, he stated that the discovery request was valid “with respect to materials that may be relevant both to the issue of damages and the extent of a Plaintiff’s injury.” The judge also stated that it was “reasonable to infer from the limited postings on Plaintiff’s public Facebook and MySpace profile pages that her private pages may contain materials and information that are relevant to her claims or that may lead to the disclosure of admissible evidence.”

Workers’ Compensation Claim Tips to Keep in Mind…

  • Social Media – With social media, you have control of your privacy settings. Make sure you use these privacy settings on all of your social media accounts so only friends, family and people you choose can see your posted content. Also, only friend people you know on a personal level and don’t post pictures and statuses that you aren’t comfortable with the entire world seeing.
  • Private Property – Private Investigators can legally film you; however, they are not supposed to go onto private property.
  • PIs Must Speak with Counsel – If you are represented by counsel, a private investigator cannot ethically talk to you.
  • Report/Video Rights – The investigators report or video cannot be sent to a doctor without your consent. Although this is the law, many insurance companies routinely break the law. The investigators report may skew the facts or be a flat out lie. We have seen a case where a private investigator filmed a mother picking her child up when exiting a vehicle. While picking your child up from their car seat is a necessity in life, in this case the claimant had a lifting restriction of 10 pounds. Based on the video footage alone, the insurance company cut off all of the claimant’s workers’ compensation benefits. The insurance company also sent the video footage to the claimant’s doctor who lifted all of the claimant’s restrictions.

If you feel uncomfortable with the amount or type of information being requested by your employer or their insurer, consult a Northern Kentucky Workers’ Compensation Attorney. 

Contact Us (859.371.5997) for a Free Consultation


Lawrence & Associates Help an Employee of a Hospital Who Denied That She Was Injured On the Job

Posted on Thursday, November 13th, 2014 at 8:03 am    

hospitalEveryday employees are injured while on the job and everyday employers and insurance companies try to deny those injuries have happened on the job because they are trying to minimize the value of claims. Our goal is to help our clients get the medical care they need to recover as much as possible. We want to share a recent case we handled to give you an idea of what we can do for our clients. We will supply as many details as possible while still respecting our clients need for privacy.

The Situation

Our client was an employee of a Northern Kentucky hospital who fell while transporting a patient. She hurt her shoulder and neck in the fall, but went home that day hoping the pain would go away. Unfortunately it didn’t, and when she reported the fall to her supervisor, the hospital immediately denied that she had been injured at work and denied any Workers’ Compensation coverage.

What We Did

Our client asked us to determine whether she had a claim. Upon investigation, we found that the patient she was transporting was willing to testify that he had seen the client’s fall and heard her complain of shoulder pain. We gave this information to the hospital and informed them that a claim would be filed if the hospital did not accept its obligations to pay for medical treatment and Temporary Total Disability (TTD) under Kentucky’s Workers’ Compensation laws.

The Result

The hospital backed down and agreed to pay for TTD and medical treatment without the need for a claim. Our client was delighted that she was able to move on with her life without the time and difficulty of filing a claim.

Contact Us (859.371.5997) for a Free Consultation

Experienced Workers’ Compensation & Employment Law Attorneys

Lawrence & Associates have handled all types of workers’ compensation cases. Lawrence & Associates will work to build a strong and successful case for you.

Common Types of Work Injuries….

  • Back injuries and herniated discs
  • Head injuries and spinal cord injuries
  • Meniscus tears and other knee injuries
  • Shoulder injuries and rotator cuff damage
  • Complex regional pain syndrome
  • Exposure to toxic substances, including chemicals and mold
  • Carpal tunnel syndrome and other repetitive motion injuries
  • Construction accidents, including scaffolding collapses, falls and injuries caused by heavy equipment
  • Broken bones

More About Us

>> Our Team
>> Our Testimonials
>> Our Frequently Asked Questions (FAQs)


Hiring an Attorney: Tips On Getting the Best Lawyer For Your Personal Injury, Bankruptcy, or Workers’ Compensation Case

Posted on Wednesday, October 8th, 2014 at 3:58 pm    

finding an attorneyIf you’ve never worked with an attorney before, it can be intimidating to pick up the phone and call. As a layman, there’s no good way to compare one attorney’s services to another because each client’s case is unique and many variables (such as the random selection of a jury) can make similar approaches in similar cases yield wildly different results. Thus, choosing an attorney can feel like taking a complete shot in the dark. However, there are certain things you can do to ensure that you are choosing the attorney that is right for your unique situation.

See What the Bar Association Has to Say

In Kentucky, all attorneys are required to be members of the Kentucky Bar Association in order to practice law. Not all states have this requirement, but even states that lack it generally have local or regional bar associations. Attorney reprimands and disciplinary actions are matters of public record. Has the attorney you are interested in hiring ever had a bar complaint, or been reprimanded? Contact the Bar Association to find this out!

See What the Attorney’s Former Clients Have to Say

Confirming that your attorney has no black marks on his or her record only confirms competence. What about excellence? The internet is a referendum of public opinion on law firms just like other professions and business. While my experience has been that law firms typically have fewer online reviews than comparably sized businesses, reviews do still exist. Check out Avvo.com, which should have a profile on your attorney complete with peer endorsements and client reviews. Yellowpages.com and the various search engines’ local business listings are also good sources of information.

See What the Attorney Has to Say

Call the attorney and ask for a free consultation. Most attorneys will give one, depending on the area of practice. In personal injury, workers’ compensation, or bankruptcy, a free consultation is almost guaranteed. In other fields, like family law, you can usually get one but not always. Use the free consultation to gauge the attorney’s confidence and the depth of his or her knowledge. You should also feel free to bring up whatever concerns you have to the attorney and expect an answer that satisfies your concerns. If the attorney can’t give you that, you might want to keep looking.

See What Your Gut Has to Say

You’re an adult with plenty of experience in meeting new people and sizing them up. If you’re reading this article to prepare for a first meeting with an attorney, odds are you have a lot of common sense. Don’t leave that common sense at the attorney’s front door. If the attorney seems honest and feels like someone you can work with, use him or her. If not, move on. There are plenty of us out there.

Just like everyone else, attorneys have good days and bad days. Those of us that have been doing our jobs for a long time are sometimes guilty of going too fast and assuming new clients are more familiar with what we are saying than they really are. Occasionally, even the most seasoned attorney will get a curveball question during a consultation and have to say, “I don’t know, I’ll have to look that up for you.” But good attorneys are polite on their bad days, take the time with their clients to explain things fully, and follow up their “I don’t know” with “I’ve got that answer for you.”

If you’re looking for a lawyer in Kentucky or Ohio, Lawrence & Associates has a long record of success in personal injury, bankruptcy, and workers’ comp cases.

Contact Us in Kentucky: (859.371.5997) or Ohio: (513.351.997) for a Free Consultation


How is a Kentucky Workers’ Compensation Attorney Paid?

Posted on Tuesday, August 19th, 2014 at 1:33 pm    

Comp ClaimKentucky workers’ compensation attorneys are paid on a contingency fee basis. The easiest way to understand this is to realize that any payments made to your attorney are contingent on the attorney obtaining compensation for you, whether it be back due temporary total disability payments or a settlement. This also means, if your attorney does not recover any money for you, you do not owe your workers’ compensation attorney a dime.

No Up Front or Out of Pocket Expenses

With so many employees living paycheck to paycheck, a work injury can cause uncertainty and worry about how bills will get paid and how the employee’s family will be provided for while the injured employee is not working. Fortunately, Kentucky law is very specific about paying a workers’ compensation attorney. An Injured worker is not required to pay any attorney’s fees or any other expenses up front or out of pocket. The attorney fee is simply taken out of the amount of compensation the injured employee obtains.

The formula for contingency fees is as follows…

  • 20 percent of the first $25,000 recovered
  • 15 percent of the next $10,000 recovered
  • 5 percent of any remaining award

The maximum attorney’s fees in any Kentucky workers’ compensation case is $12,000, meaning, that is the most an attorney can take out of your settlement.

If you or someone you know has a Workers’ Comp issue, please contact a Northern Kentucky Workers’ Compensation Attorney today. Lawrence & Associates can help!fff

Contact Us (859.371.5997) for a Free Consultation


Kentucky Workers’ Compensation 101: An Overview of the Program

Posted on Wednesday, August 6th, 2014 at 4:42 pm    

Kentucky workers compIn Kentucky, it is mandatory for employers’ to provide workers’ compensation. If there is a job-related injury or death, it is the employer’s responsibility to provide the employee or the employee’s family with medical and disability benefits.

Who is Considered an Employer?

Under KRS 342.630, an employer is any person or entity with one or more employees. This definition includes state, city and county. That’s pretty straightforward. 

Who is Considered an Employee?

Under KRS 342.640, an employee is anyone working under contract for hire, expressed or implied; executive officers of corporations; state, county or city employees; volunteer firefighters; those who sell and deliver newspapers; and anyone person performing services in a trade profession or business. Although the list of covered employees is vast, under KRS 342.650 there are several exemptions including: agriculture employees, certain religious organizations and a domestic worker in a private home if less than two.

The 3 Major Components of Kentucky Workers’ Compensation…

  1. Medical Expense pay
  2. Disability pay
  3. Vocational Rehabilitation

Workers’ compensation can be viewed as a type of insurance that accommodates employees who need compensation for medical care due to an injury during the course of work in exchange for the employee’s right to sue their employer for negligence. Plans vary according to jurisdictions, though they can be made for weekly payments instead of wages as a type of disability insurance, compensation for past and future economic losses, the payment or reimbursement of the medical expenses as a type of health insurance, and benefits payable to the dependents of workers who were killed as a type of life insurance. Not included in worker compensation plans are punitive damages for employer negligence and general damages for pain and suffering.

If you or someone you know has been injured on the job, contact Lawrence & Associates today! We can help you get the benefits that you deserve!

Contact Us (859.371.5997) for a Free Consultation


Hurt Working On the Water? Kentucky Workers’ Compensation Vs. The Jones Act (Admiralty Law)

Posted on Thursday, July 17th, 2014 at 7:48 am    

TugboatKentucky has a greater length of navigable waterways and streams than any other contiguous state, but many Kentucky attorneys know precious little about admiralty law. At Lawrence & Associates, we represent injured workers every day both in state based Worker’s Compensation and through the federal maritime courts. At our Fort Mitchell, Kentucky office, we fight for injured workers’ rights!

Compensation Via The Jones Act

The Jones Act (Admiralty Law) and Kentucky worker’s compensation systems offer very different remedies. Both the Jones Act and unseaworthiness claims under general maritime law allow for damages that are very similar to damages for other tort cases based in negligence. The plaintiff can present and recover for past and future medical expenses, past lost wages and future loss of earning capacity, and past and future pain and suffering.

Compensation Via Kentucky Workers’ Compensation

Worker’s Compensation claimants get Permanent Partial Disability. Permanent partial disability simply takes an impairment rating created by the American Medical Association, multiplies it by the employee’s average weekly wage and some arbitrary, statutorily derived factors, and then presents a weekly amount to be paid to the employee over the course of 425 weeks. This weekly sum replaces all lost earnings and pain and suffering damages that could be received in a trial.

If You Are Truly Injured, a Trial in Maritime Court Could Provide the Most Compensation

Although there are some other benefits received under the worker’s compensation system that can match or offer alternatives to a trial’s more traditional damages, generally an injured worker will receive greater damages via trial than through Worker’s Compensation. The only exception to this rule is a plaintiff that is not seriously injured, and who is likely to return to work with no impairment whatsoever. In that case, the lower cost and relative speed of the worker’s compensation system is an advantage to the plaintiff. Further, worker’s compensation allows for temporary total disability at two-thirds of the plaintiff’s average weekly wage until the injured worker reaches maximum medical improvement or returns to work. Maritime law’s corresponding benefit, Maintenance, is merely the replacement cost of daily expenses and is always far lower. So an injured worker whose damages are almost exclusively past, related medical bills and missing pay during a short period in which he or she cannot work may prefer the worker’s compensation system.

If you or someone you know has been injured on the job on the water, contact Lawrence & Associates today! We can help you get the benefits that you deserve!

Contact Us (859.371.5997) for a Free Consultation


Can a Kentucky Employer Fire Me For Filing a Workers’ Compensation Claim?

Posted on Tuesday, July 1st, 2014 at 4:05 pm    

Workers CompIt’s one of the most common questions we hear from new clients: Can my employer fire me for filing a Workers’ Compensation claim? The short answer to this question is no. Kentucky law does not allow an employer to fire an employee in retaliation for filing a workers’ compensation claim. The employer also cannot refuse to promote you or refuse to give you a raise because you filed a workers’ compensation claim. An employee that has filed a workers’ compensation claim is in one of the rare “protected classes” under the law, similar to gender and race. Just as an employer can’t fire you for being black or white, an employer can’t fire you for filing a workers’ compensation claim.

Employers Can’t Fire You for Filing a Workers’ Comp Claim But They Can Get Nasty

As many Kenton County workers know, an employer can be cruelly creative and many employers will try to get around the prohibition against firing employees for filing a workers’ compensation claim. Kenton County employers will sometimes start finding problems in an employee’s work after they’ve been hurt on the job even though there were no problems before. Employers will change an injured employee’s hours so they don’t get the full benefit of their paycheck. Northern Kentucky employers will sometimes even begin treating an employee nastily, so the employee will want to quit before they can be fired. When a Northern Kentucky employee is having these kinds of problems with the employer, is it still a good idea to file a workers’ compensation claim?

So Should You File Even though They May Get Nasty? Absolutely!

Our years of experience at the Kenton County offices of Lawrence & Associates have taught us that an employer that will give an injured worker a hard time for no reason is the kind of employer that will fire the employee anyway. An employee working for that kind of employer is exactly the kind of injured worker that has to protect his or her rights. You can only protect your rights by filing a workers’ compensation claim, and in order to file a workers’ compensation claim correctly – and see it through to the end – you need a good lawyer. That’s where the experienced attorneys at Lawrence & Associates come in.

Fighting Everyday to Make Sure Injured Workers Get their Benefits

At Lawrence & Associates, we fight every day to make sure injured workers like you get the benefits you deserve. You deserve full treatment of your medical bills, TTD and PPD and potentially other benefits like vocational rehabilitation. Injured or not, no one can guarantee your job tomorrow. When you are injured, that means you have to take a stand and fight for the benefits that you have a legal right to receive under Kentucky law. We want to help you fight for your rights.

If you or someone you know has been injured on the job, contact Lawrence & Associates today! We can help you get the benefits that you deserve!

Contact Us (859.371.5997) for a Free Consultation

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