Hurt At Work's Podcast: Recent Episodes
Scott Scheynost
Louisville Workers' Compensation Attorney Scott Scheynost provides interesting information, tips and advice to help you maximize your KY workers' comp benefits.
Episode 27: Louisville workers’ compensation attorney Scott Scheynost discusses death and survivorship benefits provided by workers’ compensation, as a result of a workplace fatality. These may also available if someone passes away, down the road, due to the injuries they sustained on the job. Most people think about life insurance policies without considering that the estate and family may also receive death and survivorship benefits.
Scott Scheynost Handles Workers’ Comp Cases Throughout Kentucky
Scott can handle workers’ compensation claims across the state of Kentucky. In some cases, you may not reside in Kentucky, but maybe your job has a connection to Kentucky. There are certain circumstances in which Scott may be able to represent you with your workers’ comp claim.
It’s important to work with an experienced Louisville workers’ comp attorney to protect your rights and the benefits you deserve.
It Cost You Nothing to Speak with Scott
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 26: Louisville workers’ compensation attorney Scott Scheynost explains how an injured worker might be getting mislead by a nurse case manager. We all want to trust our medical providers. Insurance companies know this and sometimes take advantage of this fact. That’s why they might use nurse case managers to influence decisions made between you and your doctor. If you’ve been injured on the job, beware of the nurse case manager in workers’ comp claims.
DISCLAIMER: It’s important to state that Scott values nurses and the often, unappreciated work they do in hospitals, assisted living facilities, nursing homes, clinics and other facilities. This episode isn’t focused on nurses who work with patients to provide healthcare. However, a nurse case manager plays a dramatically different roll. They are not actually patient advocates. In many case, they actually advocate on behalf of the insurance companies who are paying them. As you’re about to learn, they may actually work against your best interest when it comes to your medical treatment.
Scott Scheynost Handles Workers’ Comp Cases Throughout Kentucky
Scott can handle workers’ compensation claims across the state of Kentucky. In some cases, you may not reside in Kentucky, but maybe your job has a connection to Kentucky. There are certain circumstances in which Scott may be able to represent you with your workers’ comp claim.
It’s important to work with an experienced Louisville workers’ comp attorney to protect your rights and the benefits you deserve, especially when you need to reopen your workers’ comp claim.
It Cost You Nothing to Speak with Scott
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 25: Louisville workers’ compensation attorney Scott Scheynost explains how sometimes workers’ comp claims can lead to other claims. It’s not uncommon for an injured worker to be involved in this complicated scenario. However, an experienced attorney can help to navigate the process and work to ensure the injured person has an opportunity to recover any and all benefits he/she may deserve.
Scott Scheynost Handles Workers’ Comp Cases Throughout Kentucky
Scott can handle workers’ compensation claims across the state of Kentucky. In some cases, you may not reside in Kentucky, but maybe your job has a connection to Kentucky. There are certain circumstances in which Scott may be able to represent you with your workers’ comp claim.
It’s important to work with an experienced Louisville workers’ comp attorney to protect your rights and the benefits you deserve, especially when you need to reopen your workers’ comp claim.
It Cost You Nothing to Speak with Scott
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 24: Louisville workers’ compensation attorney Scott Scheynost discusses reopening your workers’ compensation claim. Kentucky law allows for this valuable right for the injured worker. However, there are specific time limits you need to know about, or you’ll forfeit this right.
What Does Reopening the Claim Mean?
In Kentucky, you can reopen your workers’ compensation claim, even if your claim was settled or ruled on by a judge. There are criteria you have to meet, but it’s still possible. An injured worker has the right to reopen if your condition gets significantly worse or if there are specific economic changes. You must reopen the claim within 4 years of the date of the settlement/award. Basically, it’s a chance to put extra money in your pocket.
Scott can handle workers’ compensation claims across the state of Kentucky. In some cases, you may not reside in Kentucky, but maybe your job has a connection to Kentucky. There are certain circumstances in which Scott may be able to represent you with your workers’ comp claim.
It’s important to work with an experienced Louisville workers’ comp attorney to protect your rights and the benefits you deserve, especially when you need to reopen your workers’ comp claim.
It Cost You Nothing to Speak with Scott
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 23: Louisville workers’ compensation attorney Scott Scheynost offers advice about what to expect from your workers’ comp claim. For many injured workers, this may be the first time they’ve filed a claim. Scott will use his 35 years of experience to provide helpful insights to give you a better understanding of the process.
The Kentucky workers’ compensation laws will continue to change. It’s important to work with an experienced Louisville workers’ comp attorney to protect your rights and the benefits you deserve.
It Cost You Nothing to Speak with Scott
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 22: Louisville workers’ compensation attorney Scott Scheynost has represented injured workers for almost 35 years. There are things a client can do to help or to hurt his/her workers’ comp claim. In today’s episode, Scott provides tips to explain how you can be the perfect workers’ comp client.
Notify Your Employer of Your Injury
Under Kentucky law, if you’re injured at work, you are required to inform your employer. Telling a co-worker doesn’t satisfy the rule. You should tell a supervisor, manager or someone “higher up the food chain.”
You aren’t required to immediately tell the employer. For instance, if you’re unconscious, it would be impossible. If you’re taken away in an ambulance, this may happen before you’ve communicated with your supervisor, although Scott admits the employer should be aware that an ambulance was onsite and who was transported to the hospital.
The risk can occur when an employee is injured, but thinks he/she can work through it and will be better the next day. If the employee returns to work and later decides they need to seek medical treatment, notice should be given to the employer at that time.
It’s also a good idea to document when you told the employer. You may need this provide this later, if the employer claims you never told them about the injury. It’s also a good idea to document any witnesses who were there at the time of the injury. They may need to be called as witnesses, later.
Choose Your Own Doctor
Scott explains that you have an important right to choose your own doctor, under Kentucky law. This is extremely important. You are not required to see the doctor your employer recommends. If you have to see them, you still have the option of choosing a different doctor. Your doctor will normally have your best interest at heart.
There are situations in which the doctor your company wants you to see may make decisions more favorable to your company, such as minimizing the extent of your injuries or telling you to return to work before you’re actually ready. Both actions could easily limit the financial exposure the employer and the workers’ comp policy has to pay. You also risk not receiving the workers’ compensation benefits you deserve.
Scott explains that you only have 2 chances to pick a doctor. There’s a chance you may need to change doctors, but you can’t keep doing it. In fact, if you complete a certain form (or simply sign the paper) it may stipulate that you’re selecting this doctor to treat you – even if it’s the company doctor you don’t want to pick in the first place. You need to be careful of the games your employer may try to play. This is one reason having an experienced workers’ compensation attorney on your side is so important.
Be Specific when Talking to Your Doctor
Scott recommends that you ensure your doctor understands your injury happened at work. You want them to document that fact in the medical records. The other side will do what’s possible to try to disqualify you from getting your benefits. You need to ensure you tell the nurses and doctors that this injury is injury-related.
If the doctor has to testify in your case, or in a deposition, he/she may not remember your specific case. They’ll always refer back to what they noted when you went to see him/her. It’s vitally important that they know what happened, where it happened and where your feeling pain as a result of the injury.
Follow Your Doctor’s Orders
You need to do everything possible to follow your doctor’s orders. If you are referred to physical therapy, you need to go. If they recommend other types of treatment, follow their directions. When you ignore the prescribed treatment, it gives the insurance an opportunity to argue your injury must not have been that bad. After all, you didn’t even complete your medical treatment.
The judge and the doctor handling your case are more likely to help you, if you demonstrate that you’re trying to help yourself.
Hire an Attorney
You don’t need to do this immediately, but the earlier you do this, the better. This is especially true if your injury is serious. Most workers’ compensation attorneys offer free consultations and work on a contingency fee basis. They’ll only get paid if they win your case.
You want to make sure your claim is built on a good foundation and that you don’t give up benefits you should be receiving.
Know Specific Information Related to Your Claim
Scott reminds us that the medical provider will normally send the invoices to the insurance carrier. This is why you want to know your claim number and provide it to any medical provider, including physical therapist and pharmacies you visit. You’ll also want to give them the name of the insurance carrier and even the name of the adjuster. You can easily keep this information on a slip of paper in your wallet or purse. You could add it to your cell phone contacts. You might even just send yourself a text with this information. Whatever is the easiest to help you remember the information, do it.
Submit Your Expenses as Quickly as Possible
From time to time, you may end up paying something that should be covered by your workers’ compensation benefits. This could be a mileage expense or something else. Scott explains that a new Kentucky law requires that the expenses must be submitted within 45 days.
You’ll need to use the FORM 114 Request for Payment for Services or Reimbursement for Compensable Expenses. You can print a copy of the expense reimbursement form by clicking the above link.
You should always keep a copy and record the date you submitted it. The forms often get lost. Having a copy makes it easy to resubmit the completed form. At the same time, documenting each time you submit it can be helpful if they dispute the 45-day rule.
Be Careful When Posting to Social Media
The insurance adjuster is going look for ways to avoid paying benefits. If you post something on social media, or someone else does, it can provide proof to support their claim. If you’re claiming an injury is preventing you from doing something, but then post a picture of you doing it or something similar, you’re making it difficult for your attorney. It’s better to limit what you post and avoid posting anything related to your injury, treatment or recovery status.
Let Your Attorney Speak for You
The workers’ compensation system can be frustrating. It takes a long time. It’s complex. You’re dealing with people who aren’t moving as quickly as you’d like. It’s best to let your attorney speak on your behalf. The claims adjuster you want to go off on is probably the one you’re stuck with for the next several years. Don’t cause trouble for them. It’s best to let your attorney handle issues that arise. They’re used to dealing with adjusters and know how far and how hard to push, without harming your cases.
Be Responsive to Your Attorney’s Request
While the workers’ compensation process is slow, when things happen or deadlines approach, your attorney may need information from you. When your attorney calls, emails or sends you a letter, it’s for a specific reason. Responding promptly may help to move your case forward. After all, you want to be the perfect workers’ comp client, right?
You might receive forms that need your signature or additional information. When you receive these from your attorney, it’s extremely helpful when you get them back to your attorney in a timely manner.
Have Patience with the Process
Scott admits that the workers’ comp process can be frustrating. Many clients don’t realize how important it is to reach maximum medical improvement before your case can be resolved. If you have ongoing medical treatment and/or surgeries, we won’t know the extent of your impairment rating or the amount of medical expenses you’ll incur. These are important factors in determining the full value of your claim and what your workers’ comp benefit payments should be.
The impact of the pandemic has also caused the system to move more slowly. Patience is going to be required, but it will usually be to your benefit.
Once the information is available, it’s time to try to settle your claim. If a fair resolution can’t be reached, litigation may be required. Unfortunately, preparing for trial and going through this process will add more time to the process. Again, it can be frustrating, but it will eventually get resolved.
Remember, while this is all playing out, it’s important that you do everything possible to follow your doctor’s orders. The judge will consider this when making important decisions related to your case. People want to help those who are trying to help themselves. It’s just human nature.
It Cost You Nothing to Speak with Scott
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 21: Louisville workers’ compensation attorney Scott Scheynost explains what you should do if you’re having problems getting your Kentucky workers’ comp benefits. When the process is slow to start, or you feel the company isn’t handling the process, you need to jumpstart your workers’ compensation claim.
It Cost You Nothing to Speak with Scott
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 48: Western Kentucky injury attorney Jeff Roberts discusses back injuries and other problems that may qualify for Social Security Disability Insurance (SSDI) benefits. He’s licensed to handle social security disability cases in all 50 states. Let’s join Jeff for more information.
Jeff Can Handle Social Security Cases in all 50 States
The Social Security Disability Insurance (SSDI) and Supplement Security Income (SSI) are federal programs. As an attorney, Jeff is licensed to handle these cases in all 50 states. He recently was involved in a claim in Oklahoma.
The workers’ compensation and personal injury areas of his practice are limited to Kentucky, unless there is a Kentucky connection for the claim. It that case, such as a person who lives in Tennessee, but was injured working for a Kentucky employer, he may be able to represent that individual.
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County and now Christian County, 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 about Your Back Injury 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.
Episode 48: Western Kentucky injury attorney Jeff Roberts discusses back injuries and other problems that may qualify for Social Security Disability Insurance (SSDI) benefits. He’s licensed to handle social security disability cases in all 50 states. Let’s join Jeff for more information.
Jeff Can Handle Social Security Cases in all 50 States
The Social Security Disability Insurance (SSDI) and Supplement Security Income (SSI) are federal programs. As an attorney, Jeff is licensed to handle these cases in all 50 states. He recently was involved in a claim in Oklahoma.
The workers’ compensation and personal injury areas of his practice are limited to Kentucky, unless there is a Kentucky connection for the claim. It that case, such as a person who lives in Tennessee, but was injured working for a Kentucky employer, he may be able to represent that individual.
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County and now Christian County, 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 about Your Back Injury 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.
Episode 20: Louisville attorney Scott Scheynost discusses Kentucky workers’ compensation and car accidents. In some situations, you may be able to file for workers’ comp benefits related to a car wreck. Scott has handled these types of claims for many years. Let’s join him for today’s conversation.
Does Your Job Require You to Drive?
Truck drivers, delivery drivers, sales professionals and other are required to drive a vehicle, as part of their jobs. It doesn’t matter if you are driving a company vehicle or your personal vehicle. If you’re involved in a car accident, you may be able to file both claim for your collision and a Kentucky workers’ compensation claim.
It Cost You Nothing to Speak with Scott
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 20: Louisville attorney Scott Scheynost discusses Kentucky workers’ compensation and car accidents. In some situations, you may be able to file for workers’ comp benefits related to a car wreck. Scott has handled these types of claims for many years. Let’s join him for today’s conversation.
Does Your Job Require You to Drive?
Truck drivers, delivery drivers, sales professionals and other are required to drive a vehicle, as part of their jobs. It doesn’t matter if you are driving a company vehicle or your personal vehicle. If you’re involved in a car accident, you may be able to file both claim for your collision and a Kentucky workers’ compensation claim.
It Cost You Nothing to Speak with Scott
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 19: Louisville attorney Scott Scheynost discusses a red flag situation for injured workers. This occurs with the insurance adjuster decides to send you to an independent medical exam for your workers’ compensation claim. This indicates things are about to get complicated for you.
It Cost You Nothing to Speak with Scott
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 18: Louisville attorney Scott Scheynost has years of experience helping clients with Wills, probate and estate matters. Probate can be a time-consuming process involving taxes and fees. However, you may be able to avoid it by filing a petition to “dispense with probate.” Scott explains this process in related issue in today’s episode.
It Cost You Nothing to Speak with Scott Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 18: Louisville attorney Scott Scheynost has years of experience helping clients with Wills, probate and estate matters. Probate can be a time-consuming process involving taxes and fees. However, you may be able to avoid it by filing a petition to “dispense with probate.” Scott explains this process in related issue in today’s episode.
It Cost You Nothing to Speak with Scott Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 17: Louisville workers’ compensation attorney Scott Scheynost discusses remote work injuries. This are of workers’ compensation is evolving, especially since the onset of the pandemic. Many workers transitioned to work from home situations. Just because they aren’t working in the plant or in an office, doesn’t mean they are excluded from filing for workers’ comp benefits. Learn how Scott helps people to file for benefits for remote work injuries.
It Cost You Nothing to Speak with Scott
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 17: Louisville workers’ compensation attorney Scott Scheynost discusses remote work injuries. This are of workers’ compensation is evolving, especially since the onset of the pandemic. Many workers transitioned to work from home situations. Just because they aren’t working in the plant or in an office, doesn’t mean they are excluded from filing for workers’ comp benefits. Learn how Scott helps people to file for benefits for remote work injuries.
It Cost You Nothing to Speak with Scott
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 16: Louisville attorney Scott Scheynost will discuss Kentucky workers’ comp for lower back injuries in today’s episode. Injuries to the lower back are fairly common in many jobs. The workers’ compensation system provides benefits to injured workers who are hurt at work.
It Cost You Nothing to Speak with Scott
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 15: Louisville workers’ compensation attorney Scott Scheynost is going to explain an interesting, and important, right injured workers’ have under the Kentucky workers’ compensation laws. He’ll speak about reopening your workers’ compensation claim. This may enable an injured worker to receive more money, as part or his/her workers’ comp benefits.
It Cost You Nothing to Speak with Scott
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 14: Louisville workers’ compensation attorney Scott Scheynost discusses issues that impact the value of a case. It’s a common question, but the actual answer can be complicated.
It Cost You Nothing to Speak with Scott
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 13: Louisville workers’ compensation attorney Scott Scheynost welcomes Pat Roth to the podcast. Pat is an attorney who spent 14 years with the Kentucky Uninsured Employers Fund (UEF). They discuss what happens when an employer does not have workers’ comp insurance. The UEF can provide benefits for an injured worker, so that worker has coverage for medical treatments and other benefits. It Cost You Nothing to Speak with Scott
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 12: Louisville workers’ compensation attorney Scott Scheynost explores the topic of when an injured person should hire an attorney. When do you need to lawyer up? Let’s listen to Scott share his perspective.
It Cost You Nothing to Speak with Scott
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 11: Louisville workers’ compensation attorney Scott Scheynost discusses situations involving third party claims. These can occur when someone is injured on the job, but it was caused by someone who’s not a co-worker. You could have a workers’ compensation claim and another claim against the person who injured you. Let’s learn more from Scott.
It Cost You Nothing to Speak with Scott
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 10: Louisville workers’ compensation attorney Scott Scheynost discusses how he can help if you have an out-of-state workers’ comp claim that involves a Kentucky-based employer. Kentucky’s comp benefits may be available to you, even if you weren’t injured in Kentucky. Join Scott to listen to this episode.
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 9: You know Louisville attorney Scott Scheynost as a workers’ compensation and injury lawyer. However, an important part of his practice involves Wills and Probate issues. In today’s episode, Scott discusses some basic documents people should have and why they’re important.
When live changes occur, it’s important for people to consider either creating or updating documents such as a Will, Power of Attorney and Living Will Directive. Unfortunately, at some point, all of us are going to have to face this; as are those who are left behind.
Common Life Changes include:
- Significant injury or illness
- Marriage
- Divorce
- Children reaching the age of 18 and/or leaving for college
- And many more
It’s important to understand that this process doesn’t have to be intimidating or complicated. Scott guides his clients through the steps and helps them to consider options and important decisions. It’s usually a significant weight off of someone’s shoulders, once they know they’ve established a plan.
Other than the wealthy or severely disabled, three standard documents can generally cover the majority of people.
What’s a Will?
This is probably the most familiar document. It covers your assets once you’ve passed away. There are three distinct benefits:
- It tells everyone what you want or wish to happen
- It simplifies the probate process
- It can reduce the attorney fees associated with settling a person’s estate
Your Will designates a person or persons who will take care of business for you, after you pass away. This person is your Executor (male) or your Executrix (female). There are many details that need to be handled and having someone already appointed can save time, money and emotional stress related to the loss of a loved one.
Kentucky Allows a Holographic Will
This is simply a Will that’s be written out in your own hand. It can work, but there are some pitfalls and other issues created by holographic Will that was executed improperly. In fact, in Scott’s experience, these usually create more problems than they solve. In fact, someone can inadvertently create a holographic Will, without realizing it. If you’ve written down your wishes on a napkin, it can be argued that this is a Will. This can cause problems if you already have a Will and this napkin gets treated as a “codicil.” You should really speak with an attorney to make sure your Will is done properly. They’re fairly inexpensive.
Wills Must Be Properly Executed
It’s not uncommon to have to deal with a Will that was improperly signed or otherwise executed. Did you know if a Will has been typed, signed and notarized, it still may be invalid?
In Kentucky, a Will should be signed by the person executing it, along with 2 witnesses and their signatures. If you only have a notary sign it, that’s just 1 witness. There are many technical aspects you need to consider to ensure it is legally valid.
You Must Revoke a Previous Will or Wills
If there was a previous Will, and you are now making a new one, you should be sure to state that you are revoking the previous Will. At a minimum, care should be taken to make sure the new Will “fits in” with the old Will. Generally, it’s easier to simply revoke previous versions and start over.
What is an Estate?
Legally speaking, this doesn’t mean a mansion, stock portfolios and limousines. When you pass away your belongings, bank account(s) and property are your estate. Think of it as a snapshot of everything you own, at the time of your death. Everyone has an estate.
If you don’t have a Will and other documents in order, the assets you’ve left behind sit there and can risk incurring property taxes, decay or even theft.
Doesn’t the Spouse Get Your Belongings When You Die?
Generally, yes, if both the husband and wife are listed on titles to the items (e.g. your house, cars, etc.). This is referred to as “Joint-Ownership with Right of Survivorship.” This means when the first spouse passes, it automatically belongs to the second spouse. The items pass outside of the estate.
This doesn’t mean you don’t need a Will. We don’t know which spouse will pass away, first and ultimately, once both spouses pass, the estate still needs to probated and distributed. Also, there may be other times that are not jointly-owned, which need to be covered in the Will.
What’s a Power of Attorney?
This is another important document that most people should have. It’s often referred to as a POA. This allows you to designate an agent to take care of business on your behalf. This can be wide-ranging or limited to a single transaction.
In Kentucky, the spouse does not automatically get to sign documents for the other spouse. This can be extremely important when buying or selling property.
As you grow older, the importance of a Power of Attorney increases. The chance of you becoming ill, disabled or incapacitated is much more likely. If you are hospitalized or go to a nursing home, having a POA is not just a convenience, it’s a necessity.
It’s important that you properly execute your POA document while you’re alert and competent. If you’re incapacitated or heavily medicated, it may be too late. In fact, many hospitals or nursing homes won’t let you execute these documents on the premises to avoid someone raising an issue that you didn’t know what you were signing at the time.
Does my College-Aged Child Need a Will or POA?
Actually, it’s a good idea especially if he/she is 18 years old or older (legal adult) or is considering traveling abroad. Many issues can come up that can be handled much more efficiently with a POA in place. Even if your son or daughter doesn’t have significant assets, this will minimize the issues if something needs to be signed or handle on his/her behalf.
This can help should your son or daughter be involved in a car wreck while at college. There’s a risk of significant illness or other practical reasons. A POA can greatly simplify things for your child. The Will can simplify things for the family.
Can I Cancel a Power of Attorney?
A Power of Attorney can be rescinded at any time, as long as the person is competent to do so. It can be amended or a new POA drafted as the situation changes. You can also designate an expiration date for the POW. You can put as many limits on it as you feel necessary.
What’s a Living Will Directive?
This is a document that allows someone to make healthcare decisions for you, if you’re incapacitated. It’s not a Will. It’s taking care of important decisions, while you’re alive. Think of it as a Power of Attorney for healthcare.
The Living Will Directive allows you to appoint your agent, but also can include language regarding what you want or do not want. There are many options to consider on the standard Kentucky form. Scott recommends giving your surrogate a fairly broad authority to act, rather than limiting his/her/their discretion. You should have a conversation with your healthcare surrogate(s) so they are well aware of your wishes, should certain decisions need to be made on your behalf.
Your Living Will Directive can be revoke or changed at any time, as long as you are legally competent to do so.
What if My Documents Were Drafted in another State?
Normally, these documents would be valid in Kentucky, based on the US Constitution. As long as these documents were legal in the state in which they were drafted, they should be fine in Kentucky.
What Happens to my Will if I Get a Divorce?
In Kentucky, if a divorce occurs a divorce automatically updates a Will. The ex-spouse is taken out of your Will. Issues often occur when you designated other items to go to other individuals related to that ex-spouse.
If you go through a divorce, it’s a good idea to have an attorney review your Will, POA and Living Will Directive. A divorce doesn’t automatically cancel a Power of Attorney or Living Will.
What is Probate?
Your belongings must be legally transferred to someone else upon your death. This is done through a process called Probate. If there aren’t any assets in the estate, it may not need to go through probate, even if there is a Will.
Houses, bank accounts, cars and other property can be titled in the names of both spouses. This can often cover the contents of the house. Again, refer to the previous comments about Joint-Ownership with Right of Survivorship.
Dispensing with Probate
Kentucky has a spousal exemption of $30,000, currently. The surviving spouse gets the first $30,000 of the estate. Typically, this could cover a car, boat or other item that wasn’t titled in the name of both spouses. For instance, if the car has a value of $10,000, it could pass to the spouse under the exemption. This can significantly reduce the time and expense of going through probate, once the court is petitioned to resolve the issue via the spousal exemption. This is called “dispensing with probate.”
The children can also use the spousal exemption if the surviving spouse also passes away. Again, this can make closing down the estate easier.
How Does Probate Work in Kentucky?
If you have a Will and it needs to be probated, the attorney needs to determine if the Will is self-proving or not. In Kentucky, a Will is considered to be self-proving if it’s signed by the individual, signed by two witnesses and also signed by the notary who witnessed the signatures. There are a few other requirements.
If the Will is not self-proving, the witnesses will have to show up in court and testify they witnessed the person signing their Will. This can be difficult and present a number of challenges. If the witnesses cannot be found, 2 other people must be able to testify that the signature is valid.
Next, the executor needs to be appointed. He/She will make the decisions regarding the items in the estate. The main duty is to follow the terms of the Will. This can include the payments of debts, charitable contributions and the distribution of the assets. If there is no Will designating an executor, the court will assign an administrator to perform those duties.
The emotions involved in settling the estate can be very difficult. Again, this is a reason to have your documents in place to minimize the stress, potential for arguments and to ensure your wishes are carried out, properly.
What Happens if You Die without a Will in Kentucky?
This is referred to as being “intestate.” The court will assign an administrator for the estate. This person will basically have the same duties as an executor. Without a Will, certain Kentucky statutes will tell us what needs to be done with the assets.
Can We Avoid Probate?
One way to do this is to give everything away before you die. However, there are complicated issues related to Medicare/Medicaid and inheritance/gift taxes. Transferring assets into a Trust is another option.
People are often scared about probate. The process can be made much easier if you have the properly executed documents in place. Having those documents can also make it much easier on your family, when that time comes.
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 8: Louisville workers’ compensation attorney Scott Scheynost invited Trevor Smith, to join him for a discussion about filing for workers comp and social security disability insurance benefits, at the same time. Trevor is a Louisville social security disability attorney and partner at the Smith and Wax Law Firm. They have been working together on Kentucky workers’ compensation cases and disability cases, for over a decade.
Workers’ compensation and social security disability (SSDI) cases can sometimes be filed at the same time. This will allow you to have another source of income, during your challenging time. In addition, with SSDI, you may have the chance of additional medical benefits that were not just from the accident. Both lawyers use contingency fees, which means the client will not have to pay a penny, unless you win. The attorney fees, court costs and some expenses are paid once the case is over.
If someone has been disabled and unable to work for at least a year or longer, look at disability, but if you can’t go back to work consider filing for both. In order to have a case for social security disability, a client has to have at least one severe impairment. When it comes to workers’ compensation, its usually physical. A lot of workplace injuries have to do with back injuries. Trevor usually asks if you have a severe impairment that is likely to prevent working for 12 months or more. If you are able to answer yes, it’s likely you have a shot at social security disability benefits.
Social security disability cases and workers’ compensation are different, so just being approved for one, does not mean you’ll get the other. Each has different standards.
When filing for workers’ compensation the first thing you will do is sign waivers. This allows your attorney to get a free copy of your medical records, which can only be done once, otherwise, it could cost you around $300-400. The relationship between Scott and Trevor allows them to use the records to file for social security disability as well. SSDI needs these medical records, because SSDI looks at everything.
Social security disability will look at your mental health and physical health. Nothing is “pre-existing” when it comes to SSDI. On the other hand, workers’ compensation will only deal with the immediate injury. Something important to remember is workers’ compensation focuses on the percentage of disability (“impairment rating”), whereas social security disability comes into play there is a 100% chance you can’t work.
If you do not take advantage of the social security disability benefits, you are potentially leaving money on the table. Social security disability is a long process, so the sooner you start the better and sooner you may get the money. For SSDI, you already paid into the system, for situations just like this.
If you are able to receive social security disability, you will have a waiting period for Medicare insurance for two years. If you have never worked a day in your life, supplemental security income (SSI) allows you to have similar advantages like SSDI. To qualify for SSI, you have to be basically broke. This means you have to have less than $2,000 worth of assets. It allows you to have one house and one car, but you just have to stay less than the $2,000. This deals with assets only, which is important to remember. SSI allows you to get Medicaid with no waiting period.
If you or someone you know is over 55 and have a serious injury, there is a really strong chance of winning your case. Even if you are 20 or younger, you can still win. A good case is a good case, it just becomes easier if you’re older. If you are unable to do a 40-hour work week, this should be something to consider. Now you just have to prove it.
It is important to know that you can always go back to work with social security disability and workers’ compensation.
Workers’ comp is there to get you through a certain time, it doesn’t have to be the rest of your life. If you can recover, go back to work. If you can’t be sure to check out social security disability.
For more information about social security disability insurance benefits, contact Trevor Smith at http://www.smithandwaxlaw.com/.
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 7: Louisville Worker’s Compensation attorney Scott Scheynost discusses filing your workers’ compensation claim during the Corona Virus. The process is still moving forward, although there are a few relevant changes.
Kentucky workers’ compensation claims are quite often handled at a distance. Scott has handled claims for clients across Kentucky and in other states. Documents can be sent to clients and other individuals via email, mail, fax and other methods. Much of the initial information can be handled over the form.
Some of the forms may need to be notarized. Banks and even the UPS store typically performs notary services. Many healthcare professionals are still available either in person, via telemedicine and/or the phone.
Delays Can Work in Your Favor
In a workers’ comp claim, an important step is getting the injured individual to maximum medical improvement (MMI). This process is being delayed, due to some limitation on medical procedures, but that simply means your temporary total disability payments (TTD) will continue.
The independent medical examination (IME) is a factor in assigning your MMI and determining your impairment rating. This rating helps to determine if you can return to work, whether restrictions or limitations to your physical ability will be assigned and other issues. This is the area experiencing a delay for many clients, but there are ways to deal with this issue. At the same time, remember your TTD benefit payments will continue during this process. Those benefits stop, once you’ve reached maximum medical improvement (MMI).
The Scheynost Law Office Takes Preventative Measures
Scott and his staff are taking steps to comply with directives to ensure your safety related to the Corona virus crisis. Please call in advance, to help us minimize contact with other clients. The staff is limited to minimize potential exposure. They are working from home.
Much of the work continues as it always did. The workers’ compensation system is done without a lot of ongoing content.
Statute of Limitation
There’s a statute of limitation, which is a window of time during which you can file a claim. In Kentucky that window is 2 years from the date of injury or the last date they paid TDD benefits. If you go beyond this window, even by 1 day, you may not be able to file a workers’ compensation claim. That’s why it’s important not to delay getting the process started.
Even though social distancing and other measures are in place, and some legal proceedings including hearings and benefit review conferences have been delayed, the statute of limitation is still in place. That window has not been expanded.
Additional Accommodations
In most cases, the attorneys will have depositions. This is a legal process enabling the other side to ask questions about your injury, status and other related topics. Courts are allowing depositions to be held remotely, via video or phone.
Hearings may also now be held remotely. This is not happening in every case, but the systems and processes are evolving. Most of the documents required for a workers’ compensation hearing are already required to be filed electronically.
If You Were Hurt Outside of Kentucky
It’s fairly common for someone to be injured outside of Kentucky, but still qualify to file a KY workers’ compensation claim. Scott has to be able to prove the company or some other group has a legal connection to Kentucky. If that can be done, you may be eligible to file here. The previous information still applies to those types of cases.
Workers’ Comp Cases are Handled on a Contingency Fee Basis
This means that the attorney gets paid only when he/she wins the case. There’s no hourly fee or retainer. If the attorney were to lose the case, the client is typically only responsible for some miscellaneous court costs and related fees. These are much less than the actual attorney’s fees.
In Kentucky, a workers’ compensation attorney receives a limited amount. The maximum possible for an attorney is $18,000. This means that even if you receive well over 6-figures in benefits and settlements, Scott’s fee is capped. It’s computed on a percentage basis, which is also on a sliding scale. A typical car wreck attorney normally charges 33%-40%. Scott will be happy to more fully explain the fees, before you hire him.
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 6: Louisville Worker’s Compensation attorney Scott Scheynost discusses the overall workers’ comp process. The informal process is the initial stage during which you’re working with the adjuster and getting some treatment. The formal process begins when the adjuster stops being cooperative (or never was) and litigation becomes necessary.
During the informal process, you may not have had to force them to do anything, so you may not think you even need an attorney.
Remember, in Kentucky, you’re required to give notice to your employer letting them know you were injured. They are required to start a file, report the incident to the Workers’ Compensation Board of Claims. You’ll be contacted by the insurance carrier. The carrier will assign a claim number and other actions. It’s very important you keep track of this claim number. In Kentucky, the Department of Claims will also assign a claim number. Keep them both. They are separate number for separate organizations. The informal process begins with your notification to the employer.
If you’ve been injured at work, the company owes you medical treatment, but you do not have to go to a specific doctor the company selects. Even with an informal claim, you should probably begin with your family doctor. He/She may be more interested in getting you healed, rather than reducing financial exposure by getting you back to work before you’re ready.
The more expensive the medical surgery or therapy, the insurance adjuster may exercise the right to review the case. The adjuster is trying to limit expenses. An attorney may need to file a medical fee dispute. If it’s been denied by the workers’ comp carrier, you may decide to have your health insurance cover it. We may be able to get these expenses reimbursed, down the road.
Eventually, after the medical treatments have been completed, you’ll finally reach the point of “maximum medical improvement” (MMI). At this point, the doctors are saying there’s nothing else they can do to improve your condition. Your temporary total disability (TTD) payments will now stop.
This is when you’ll receive an impairment rating. These are highly subjective. It’s very important to let your attorney help you evaluate the rating. He may decide to send you to a different doctor, which is called an Independent Medical Exam (IME). Once the MMI is fair, your attorney will work to prepare an evaluation and begin negotiating for your benefits. It’s basically the point he begins arguing what your case is actually worth and what level of financial benefits you should receive, along with other benefits.
If a settlement cannot be agreed to by the workers’ compensation adjuster, the formal process begins. It’s more detailed. This is when you and your attorney files a formal claim with the Kentucky Department of Workers Claims. It’s assigned to a judge and the attorneys begin a formal process. At this point discovery takes place. There will then be a discovery deposition. This is why it’s important to avoid posting information on Facebook about your injury, status or activities. The other side’s attorneys will try to take those issues out of context in an attempt to minimize your injuries.
Now, the information will be submitted and the judge will review it to make a decision. A hearing will be involved. It’s not a jury trial, but it’s still a legal procedure. You will be able to finally tell the judge how you’re doing as a result of the injuries and treatment. It only lasts 30-45 minutes.
The judge will then give both attorneys 30 days to write a brief. These briefs are presented in front of the judge who listens to both and adds them to the case file. He/She will then review the evidence and issue a decision. It’s possible that either side may decide to appeal the decision. There are guidelines determining whether the decision can be appealed.
If there is an appeal, your case will go before the Kentucky Department of Workers Claims Workers’ Compensation Board. A panel of 3 will review the facts and render a decision.
The case could actually be appealed to the Kentucky Court of Appeals. The Kentucky Supreme Court and possibly even the US Supreme Court could also be options.
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 5: Louisville Workers' Compensation attorney Scott Scheynost discusses what you can expect when you contact his office. There are a few things you may want to have before you call.
Your Actual Employer – Sometimes the injured worker may not know the actual name of the company they work for, especially if they are working for a subsidiary of a larger company or even a temporary agency. We need to be able to identify who to name on the workers’ compensation claim and where to send the appropriate documents.
Some injuries are not covered by the Kentucky Workers’ Compensation System. Federal government employees, barge workers, railroad workers and other may be covered under a different system.
Date of Your Injury – This is important because of a statute of limitations, which limits the allowable time during which you can actually file your claim. Also, the laws change, so depending on which laws were in effect at the time of your injury, you may have different benefits.
Specific Details of Your Injury – What happened to cause your actual injury? Is it work-related? It’s important that you offer specific information to your medical providers. You want those details to be documented in the medical records.
Medical Providers and Procedures – Your attorney will need to know what is part of your medical condition as a result of the work-related injury and what may have been a pre-existing condition. The other side may try to blame some of your injury and/or pain on something that happened outside of work. If your attorney is prepared, because you’ve discussed it, he/she will be able to effectively deal with it.
Are You Already Talking with the Workers’ Comp Carrier? Your attorney needs to know if you’ve already had discussions because that determines the direction of your case. If they don’t want to help, your attorney may need to file a lawsuit. If they are “playing ball” those initial issues may run out quicker than you need for a full recovery.
Are You Already Working with Another Attorney? The law profession has specific, ethical guidelines about an attorney commenting on another attorney. You should probably speak directly with the attorney who is already handling your case. It’s okay for attorneys to collaborate or work together on different part of the overall case. It’s safer for everyone to know upfront.
What Are Your Biggest Concerns? Your attorney can help you to better understand the issues, but it may also help him/her to address a specific issue that’s most important to you. Are there surgeries you need? Are you not getting your medications? If you’re concerned that you may not be able to return to your job, you may be interested in vocational rehabilitation. Scott discussed this benefit in Episode 3. Your eligibility will be ultimately determined by the judge. It’s not automatic, so letting your attorney know helps to get the background information assembled.
What’s Your Employer’s Attitude at this Point? Do they seem supportive? Are they cooperating with you? Are they retaliating against you for filing a claim? Are they willing to help you return to work, even if it’s not your old job?
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 4: Louisville Worker’s Compensation attorney Scott Scheynost discusses 5 reasons you need a workers’ comp lawyer.
Reason #1: The Kentucky workers’ comp system offers a choice of medical providers. You have the right to select your own provider. You company may attempt to have you stick with the “company doctor.” They and the workers’ compensation insurance carrier want to try to save money on your case. The focus needs to be on your proper care and healing. An attorney can help to ensure you receive the treatment you need.
Reason #2: Your company owes you Temporary Total Disability benefits (TTD), if you’re hurt on the job. The amount you receive is based on your average weekly wage. It should include your overtime and bonuses during the previous 12 months. It may also include any second job you may have. It’s a very complicated calculation. In fact, it’s often miscalculated resulting in a lower benefit check. Episode 3 of this podcast spoke extensively about TTD benefits. The calculation is also used to determine potential permanent disability benefits. Scott and his staff can review your information and determine if the TTD calculation was done properly.
Reason #3: The insurance adjuster and company doctor will definitely attempt to influence the true case value of your injury. This impacts the permanent disability benefit. The formula depends on several factors: Your impairment rating, your average weekly wage, whether you can return to your original job, your age and your education. A workers’ compensation lawyer can effectively argue on your behalf in an effort to properly establish your case’s value and thus, your permanent disability benefits.
Reason #4: The workers’ compensation adjuster negotiates every day. An important reason you need a workers’ comp lawyer is has years of experience negotiating with these adjusters on behalf of his/her clients. This is critically important if you need lifetime benefits or the right to reopen your case down the road. This is part of Kentucky’s workers’ compensation law, but the adjusters will try to convince you to give up certain rights to get something you may think you need.
Reason #5: You need to preserve your rights, especially if your injuries are severe. Your career and earnings capacity may be limited as a result of your injury. You may also be eligible for vocational rehabilitation. Your attorney can also help you to properly evaluate any offers made by the workers’ compensation insurance adjuster. You don’t want to accept a low-ball offer, because you didn’t realize your case is worth more.
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Initially, it’s difficult to know how much your case may be worth. Your medical treatment is an important factor, as is your recovery. You’ll need to reach the Maximum Medical Improvement (MMI). This will result in a doctor being able to assign a permanent impairment rating. You may or may not be able to return to work, depending on the severity.
Factor #1: The monetary benefits. Temporary Total Disability (TTD) is the money you receive from when you sustain your injury until the time at which you reach your MMI. It’s calculated at 2/3 of your average weekly wage. TTD is not considered taxable income. As discussed in Episode 2, the calculation for your average weekly wage is complex and may take into consideration other sources of income. If you have a second job, it’s important that you let your employer know. It can result in an increase in your TTD. There is a ceiling to the TTD benefit in Kentucky. However, the benefits can last for several years, until you finally reach your maximum medical improvement.
It’s important to contact a workers’ compensation claim before MMI is reached. At this point, you may be assigned an impairment rating. Total disability may be the outcome. If so, you’ll typically receive the same amount you received on TTD, until age 70 (as of the recording of this episode). Partial disability is a more likely outcome. An impairment rating will be combined with your average weekly wage, your ability to return to your old job, your age and your education to determine your workers’ compensation benefit.
The impairment rating can be disputed. There are various ways to assign the rating. The lower the number, the less money you’ll receive. Often, the company doctor may be more conservative with this rating.
Factor #2: The medical treatment. In Kentucky, you get all reasonable and necessary medical treatment. It includes doctor’s bills, medication, therapy, equipment and even mileage to and from your appointments. The workers’ compensation adjuster may neglect to tell you about the mileage and travel expense coverage.
Lifetime medical benefits are covered under the Kentucky workers’ compensation system. You also have the right to reopen your case within 4 years, if your condition significantly worsens. You need to work with an attorney to reopen your case, prior to a surgery to ensure you maximize your TTD and other payments.
Vocational rehabilitation is also covered in Kentucky. If the judge considers you a good candidate, you may be able to get trained for another job/profession. This includes tuition, books, supplies, travel, etc. for a period of up to 52 weeks. The younger you are, the better your chances of receiving vocational rehab benefits. One important limitation is that you are able to do any job you’ve done before.
Factor #3: Other actions related to the same injury. Some injuries may enable you to file additional claims for benefits, at the same time. SSDI may be available. This system will take your full medical history into consideration, beyond just the injuries sustained on the job. You may have an automobile accident claim. If you drive a truck for a living, travel as part of your job, or are involved in a pedestrian collision by another driver, you may also be able to get additional benefits as part of your motor vehicle accident case.
Products liability may be involved if you’re injured using machinery or equipment that failed, resulting in your injury.
The statute of limitation may vary for the individual claims. Your case may involve different state jurisdictions. This can complicate the process and deadlines. It’s important that you speak with an attorney to ensure you understand your options.
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 2: Louisville workers’ compensation attorney Scott Scheynost discusses the steps and why they’re so important.
Step 1: Seek medical treatment. Kentucky law allows you to select your own doctor. You are not required to only see the company doctor. Companies want to lower costs, so they and some doctors may attempt to minimize the medical treatment and medical tests you receive. Your family doctor may focus more on you and your recovery. Let your doctor know your injury occurred at work so the fact gets entered into your medical record.
Step 2: Give notice to your employer, as soon as practical. Tell a supervisor or manager. Verbal notice is sufficient, but you might want to take the time to write a note for your employee file. An FROI form is a valid record, but you might also want to make sure other people are aware you informed your company.
Step 3: Make sure the claim gets filed. You have to file a workers’ compensation claim within a specific period of time. Contact an experienced Kentucky workers’ comp attorney to ensure your claim is handled properly. If you exceed the Statute of Limitation, you may not be able to file a claim to preserve your right to pursue benefits.
Step 4: Make sure you’re getting the right benefits. Kentucky law provides for monetary compensation, medical care payment of medical bills and/or related expenses. The average weekly wage calculation is complex. It’s often miscalculated. If you have a second job (“concurrent employment”) and your employer knows about it, you may be able to claim both sources if income in your average weekly wage calculation. This can result in getting a higher benefit.
There’s a possibility of qualifying for social security disability insurance (SSDI), an automobile accident claim, PIP benefits, a products liability claim and other sources of compensation. These claims may be able to be pursued at the same time as a workers’ compensation claim.
Step 5: Preserve your benefits. Kentucky currently offers the right to lifetime benefits and the right to reopen your claim if your condition worsens. However, you need to take steps to ensure you preserve these benefits.
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Episode 1: Louisville workers’ compensation attorney Scott Scheynost is launching his podcast. This is an introduction to Scott and his practice. Scott is originally from Louisville. He began his career working for an insurance defense firm, but eventually started his own firm to work directly with individuals.
Scott enjoys the challenge of law and being able to help individuals resolve problems related to workplace injuries. Scott can handle cases across the state Kentucky and in Indiana. If you’re hurt at work, you probably have a workers’ compensation claim. Scott can help individuals to determine if the injury qualifies for benefits. His practice is a contingency fee basis. Scott only gets paid if he’s able to get a financial award for his client. His fees are capped by the Kentucky workers’ comp system.
Workplace injuries can include falls in the workplace, knee and back injuries, car wrecks (if you’re job involves driving), repetitive motion injuries, carpal tunnel syndrome. Some employers may attempt to blame the injury on something else. Employers have an incentive not to report a workers’ compensation claim. Companies having at least 1 employee are required to carry workers’ compensation coverage.
Some companies attempt to classify laborers differently to avoid paying benefits. You may not be an independent contractor, even though your employer may try to classify you as such.
Common Misconceptions about Workers’ Compensation
The compensation insurance carriers will try to avoid paying benefits or limit your medical treatment. They are trying to minimize the cost. You need to understand the carriers don’t necessarily have your best interest at heart. Don’t let the company pick the doctor. So-called “company doctors” are often used to keep costs down. You may be told you can return to work earlier than you should.
The workers’ compensation system isn’t always quick. Medical treatment can begin, but disputes will happen. The process can take time to gather the proper information and enable you to complete your medical treatment to maximum medical improvement (MMI). This results in an impairment rating. Even those ratings can be disputed.
Pain and suffering is not included in a workers’ comp claim. It’s different from an automobile accident case. The medical treatment is covered, but if there’s not a permanent impairment rating, the system isn’t set up to provide additional compensation.
Workers compensation claims may be able to be filed with a separate social security disability insurance claim or potentially a separate automobile accident claim. You should ask your attorney to explore other potential sources of funds for your injuries.
Should You File a Claim?
If you’re asking this question, you probably should. Contact an experienced workers’ compensation attorney to determine your options. This is particularly important if you now have a permanent problem (e.g. scars, limp, limited range of motion or use).
If your impairment rating is incorrect, or if your average weekly wage is incorrectly calculated, you should have someone review your situation. An attorney may be able to speed up the process and will can begin doing the background work.
What if My Employer Retaliates because I Filed a Claim?
There are specific laws to ensure companies are not allowed to retaliate against you. An attorney will help you to determine your rights and to pursue additional compensation related to the retaliation.
Contact Scott Scheynost at (502) 937-5287. This podcast is meant to provide information and is not legal advice. Scott’s principal office is located at 7619 Dixie Highway, Louisville, KY 40258. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
Louisville workers' compensation attorney Scott Scheynost is launching his new podcast. This trailer is an announcement. Scott will publish a new episode every 2 weeks. He'll include information, tips and advice to help injured, Kentucky workers maximize their workers' comp benefits.
For more information, visit: http://www.ScheynostLaw.com for additional information about Scott and valuable explanations of issues and topics related to workers' compensation in Kentucky.