INJURED AT WORK?  DID YOU KNOW YOU

      HAVE THE RIGHT TO CHOOSE YOUR DOCTOR?

            Accidents happen.  If they happen at work and you are injured, you have rights under Kentucky’s Workers Compensation laws.  In most cases you will deal with an insurance claims adjuster to receive workers compensation benefits.  There are things that the claims adjuster will usually not tell you.  I have had the privilege of representing injured workers in Kentucky for 26 years and most of my clients come to me because they are confused about their rights.

 Sadly, these rights are not generally known to the injured worker who so desperately just wants to get better.

            The claims adjuster will seldom tell you of your right to select the doctor who will treat your work injury.  If you are not happy with the treatment or the speed of your recovery you have the right to switch to a different doctor.

            Your employer’s insurance company is required to pay for all reasonable and necessary medical treatment including doctor visits, physical therapy, chiropractic care, surgery, and prescription medicine.  You are also entitled to be reimbursed for your mileage expense going back and forth for your medical treatment.

            Every injured worker has the right to receive medical treatment for at least two years from the date of the injury.  That time deadline can be extended if you are unable to work and you receive lost wage benefits (known as temporary total disability or “TTD” benefits).  If you receive TTD benefits then your right to receive medical treatment is extended for up to two years from the date those lost wage benefits stopped. 

            If your work injury is considered permanent then you may be entitled to future medical treatment of the work injury, including treatment for chronic pain.  This right to future medical treatment follows you even if you change jobs or move to a different state.

            Most people are unaware of the fact that you waive your rights to future medical treatment if you do not negotiate a settlement agreement with the claims adjuster or file a claim with the Department of Workers’ claims in Frankfort before the expiration of the two year deadline.  In addition to waiving the right to future medical treatment, you also waive your right to be compensated for your injury.

            There’s nothing harder for an attorney than explaining to someone who is in obvious need of medical treatment that he or she waited too long to learn their rights and that they have waived their right to receive medical treatment and fair compensation for the work injury.  Even if you decide not to retain an attorney, it is of the utmost importance that you seek legal advice as soon as possible after being hurt on the job.

            Call me today for a free explanation of ALL of your rights.  Or, visit my website at www.moriartylawoffice.com.