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Not all work injuries require a formal case. Minor injuries are often resolved without the involvement of attorneys or a judge. More serious injuries, however, almost always require a formal case be filed with the Department of Workers’ Claims. Ryan Injury Law has the expertise to help you determine whether a formal case is needed to protect your rights.

Negotiating your benefits with the workers’ compensation insurance company can be daunting. Hiring an attorney enables you to focus on recovering from your injury and puts a legal expert in your corner. It also provides you peace of mind that if your case must be argued before an Administrative Law Judge, your attorney will manage all legal filings and deadlines. 

Many workers’ compensation disputes are resolved when the parties agree to a compromise settlement. However, if such a settlement cannot be reached, it is necessary for the parties to litigate the claim. This process begins when the employee’s attorney files a claim with the Department of Workers’ Claims. The case is then assigned to an Administrative Law Judge.

After medical records, expert physician reports, and other documents are filed into evidence, the Judge schedules a formal hearing. The hearing is the opportunity for the employee and employer to testify in the presence of the Judge. A court reporter is present and makes a complete record of the testimony. The Judge is required by law to issue a decision within sixty days of the hearing awarding or denying benefits.

Frequently asked about: The Judge cannot order an employer to pay income benefits in a lump sum. Lump sum payments to the injured worker only occur if the case is settled.

Any party who disagrees with the decision of the Judge may file an appeal to the Workers’ Compensation Board. An appeal is a review of the Judge’s decision and determines whether they erred in applying the law to the facts of the case. Any party who disagrees with the decision of the Workers’ Compensation Board may appeal to the Kentucky Court of Appeals, and then to the Supreme Court of Kentucky.

Rather than pay their attorney up front, an injured worker pays a contingency fee at the close of their case. In a contingency fee arrangement, the attorney receives a percentage of the award or settlement they help their client obtain. If the client does not receive an award or settlement, the attorney is not owed a fee or reimbursement for any case expenses.

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