Work Accident Lawyers
When you are at work and have a car accident in the state of Kentucky, you will be filing a workman’s compensation claim. Furthermore, if the accident was not your fault you may have a third-party personal injury claim against the person who caused the wreck. You may ask, “Can you pursue both a workman’s compensation claim and an auto accident claim at the same time?”. Subrogation of benefits paid under workers’ compensation is governed by KRS 342.700(1). When a third-party injures an employee, the employee can collect benefits from his employer, or sue the third-party, but not both. If the employee sues the third-party, the special fund, insurance carrier, or employer has a subrogation right up to the total amount of benefits paid for the employee’s treatment
Steps We Take To Get You A Top Settlement
What Are Your Legal Choices After A Car Accident At Work?
If you are involved in a vehicle accident while at work, you can file both a workman’s compensation claim and you can also pursue a personal injury claim if someone else caused the collision. Even if you are at fault or it is the fault of the driver who is also an employee, you have a workman’s comp claim. However, in that case you could not sue your co-employer or your employer for a personal injury claim.
For a workman’s compensation claim it does not matter whose fault it is as long as you’re injured while performing duties in the scope of your employment. You can collect on those injuries under workman’s compensation law in Kentucky with your employer’s workman’s compensation insurance. However, if you are injured in your vehicle while in the scope of employment but were injured by a third party who is not employed by your place of employment (i.e. if a third party caused the collision) you would have a personal injury claim against that third person along with your workman’s compensation claim.
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Types of Occupational Car Accidents
Some examples of automobile collisions while you are at work in the scope of your employment can include:
- Pedestrian – You are not in a vehicle but are struck by a vehicle while you are on the road or on the side of the road.
- Colliding with another vehicle – either as a passenger or operating your vehicle when another vehicle, through their own negligence, collides with you.
- The vehicle you are in loses control – the operator of your vehicle loses control or you lose control of your vehicle on the road
These types of occupational injuries in the state of Kentucky are very common transportation accidents and account for approximately 40% of fatal work injuries in 2017.
Who Pays My Medical Bills And Lost Wages?
In Kentucky, if you are at work under the scope of your employment at the time you sustain injuries in a car or semi-truck accident you can collect medical bills and benefits such as lost income through your employer’s workman’s compensation insurance. Since workman’s compensation only pays 2/3rds of your lost wages you may be able to collect additional wages under personal injury protection benefits afforded to you under no fault. In a car accident, workman’s compensation is primary to pay medical bills, wages and other benefits for your injuries. Therefore, in automobile collisions while at work you must submit medical expenses to workman’s compensation insurance company for payment even when it is the fault of a third-party operating another vehicle. Flora Templeton Stuart handles workman’s compensation cases with clients who have been injured in car accidents. We assist them in getting their bills, lost wages and benefits paid while their claim is pending so they can get the immediate help they need.
In addition, you may be able to collect uninsured or underinsured benefits in the event the collision was the fault of a third party while you were at work in the scope of your employment. A workman’s compensation personal injury attorney should obtain all policies to make sure you collect the money you deserve for your injuries.
Common Workplace Injuries In Car Accidents
Workers injured on highways and roads while in the scope of their employment may sustain serious and permanent injuries. Some of the most traumatic accidents may include:
Covered On This Page
Our team has a five-step process for collecting vehicle accident compensation for victims of car collisions. We’ll investigate your case, open claims with your health insurance provider, collect your medical records and refer you to great doctors, set up annuities and college funds for injured children, and negotiate for the settlement you deserve.
- Medical expenses, past and future
- Disfigurement, loss of limb, permanent scarring
- Lost wages
- Lose love, companionship, and guidance
- Disability costs or live-in care
- Physical pain and emotional suffering
- Lost capacity to earn
The Proper Steps To Take After A Work-Related Accident
It is very important if you have sustained injuries in a car accident while on the job that you make every effort to do the following or have the person with you who is not injured take these immediate steps:
- Call the police – Anytime you are in an automobile collision you should immediately contact the police or have someone nearby call the police if you are not able to do so. Unless it is necessary to preserve your safety, you should not move any vehicles until the police arrive. The police report will be a very important document to establish fault of the collision, injuries, property damages, and contact information for all persons who witnessed the collision or were involved in the collision. Insurance information is often on the police accident report as required in Kentucky.
- Take pictures of the accident scene – It may be difficult to take pictures if you are injured but if you can see that the police take photos or a passenger who may be with you at the scene not injured take pictures of the road and all vehicles. If you are unable to take pictures at the scene, make sure that you get someone to return to the scene for photos and/or have your personal injury workman’s compensation attorney take photos as soon as possible. If your vehicle is towed away it is very important to preserve your vehicle until you can obtain photos of the property damage.
- Get names of witnesses – You cannot rely on the police officer to get names and contact information such as phone numbers of all the people that saw the collision who may be present or trying to help at the scene. If you are able, be sure to get the names and contact information of anyone who saw the collision. Your car accident lawyer can then contact them later for statements.
- Get immediate medical help – Make sure you get good medical treatment. If you are having any serious problems make sure that you are taken by ambulance to the emergency room so your injuries can be properly addressed. Getting immediate medical care is not only important for your recovery, but very important to prove the injuries you sustained in the collision.
- Exchange insurance information – If you are able, be sure to get the insurance information from all vehicles involved in the collision. The police, upon arrival, should be taking care of this for you.
- Notify your employer – You are required by Kentucky law to give immediate notice as soon as practical to your employer that you have been injured while in the scope of employment and on the job. Your employer is then required to report the accident and to contact their workman’s compensation insurance company so you can get the immediate care that you need along with any lost income from being unable to work due to your injuries. Our attorneys at the Law Firm of Flora Templeton Stuart will handle this for you. In this regard, do not give any statements to anyone other than the police or to report the accident to your employer until you have consulted with your injury lawyer.
Common Causes Of Work Related Car Accidents
Flora Templeton Stuart will be working hard to establish who is at fault in the auto collision. Usually drivers cause accidents when they are careless or negligent while driving, such as:
- Speeding
- Following too closely or tailgating
- Passing and Swerving in out of lanes
- Failure to keep the vehicle maintained
- Failing to keep a proper outlook for other vehicles
- Failing to yield the right of way
- Running a red light or failing to obey traffic signals
- Driving while fatigued
- Driving under the influence of drugs or alcohol
- Driving while texting, talking, listening to radio, eating or other distractions
Kentucky car accident attorney Flora Templeton Stuart immediately investigates automobile collisions to establish fault against the other driver so her injured clients collect not only workman’s compensation benefits, but a fair and reasonable settlement under Kentucky personal injury law.
How Our Personal Injury Attorneys Maximize Claims
Flora Templeton Stuart will assist clients in obtaining the maximum value of their claims to get the compensation they deserve by:
- Establishing causation or fault – Flora Templeton Stuart and her team of experts immediately go to the scene where the collision occurred to obtain video, photographs, and all evidence to establish the claim, especially where her clients have been seriously injured. This also includes obtaining statements from all witnesses and getting any and all evidence to benefit our clients.
- Pursuing all defendants – In automobile collisions, it is not unusual to have more than one person or more than one vehicle responsible for the collision. An example of this would be a vehicle loses control in a storm and a semi-truck driving at excessive speed hits that vehicle as they lose control causing that vehicle to hit another vehicle. Multi-collision cases can be complicated. Retaining experts to determine the fault of each party is very important in establishing the claim.
- Obtaining all insurance policies – Insurance coverage cannot only include workman’s compensation insurance but also insurance policies for the vehicles involved in the collision and additional policies such as underinsured motorists.
- Getting immediate medical treatment and documenting pain and suffering. It is very important that reputable and credible physicians provide medical treatment not only for recovery but also to document the pain and suffering and injuries you have sustained.
- Punitive damages – This type of damage is where there’s gross negligence or intentional contact. An example of this would be someone operating a vehicle under the influence of drugs or alcohol who causes a collision. These are additional damages that can greatly enhance the recovery of injured clients.
Flora Templeton Stuart has been representing clients injured in car accidents while on the job for many years while negotiating with the state’s largest insurers. Her firm is experienced in maximizing claims with insurance companies.
Does The Workman’s Compensation Carrier Get Paid Back?
In Kentucky, if the fault of the collision was another vehicle and you have been injured, you will collect money from the third party. In most cases, you will be required to pay back the worker’s compensation insurance company who has been paying your medical expenses and lost wages. It is very important that your personal injury attorney be familiar with both worker’s compensation and vehicle collisions to assist you in repaying this lien in your case. At Flora Templeton Stuart we negotiate all liens to make sure that our clients recover money in their pocket for their pain and suffering after their medical bills, lost wages, and other expenses are paid.
Covered On This Page
Several types of insurance coverage that will pay if you’re injured in an automobile collision:
Personal Injury Protection: The vehicle you are in is the primary coverage for payment of Personal Injury Protection (PIP) in Kentucky. PIP has minimal limits of $10,000 and pays medical expenses, lost income, home care, and even a portion of funeral expenses. Kentucky automobile accident lawyers reserve these benefits so medical bills and lost wages will get paid. PIP is repaid by the party at fault.
Liability: The at-fault driver pays for injuries caused to another through their liability policy, which in Kentucky has a minimum policy of $25,000 per person / $50,000 per accident and a maximum can be in the millions with a commercial insurance policy.
Uninsured Motorist: If the driver at fault did not have insurance you can collect on your uninsured motorist’s coverage on your own insurance policy.
Underinsured Motorist: If the at-fault driver of the vehicle had insurance but not enough or your injuries are greater than that amount you can collect on underinsured motorists. Flora Templeton Stuart will make sure all underinsured policies are uncovered for maximum recovery.
Negligence in car accidents typically involves a driver failing to exercise reasonable care. As Kentucky car crash lawyers, before we can take action against the liable party, we need to prove that their negligence led to the accident. We do this by establishing the following elements of negligence:
Duty of care: The at-fault party had a responsibility to keep you safe by following all traffic laws.
Breach of duty: The at-fault party breached their duty of care, instead acting negligently.
Causation: The at-fault party’s actions or inactions caused you to suffer an accident and injuries.
Damages: You suffered damages, such as pain and suffering and property damage, because of the at-fault party’s negligence.
Our team will gather evidence to prove negligence, including police reports, witness statements, and surveillance footage.
Under the “no-fault” car insurance system in Kentucky, drivers are required to carry a minimum of $10,000 in Personal Injury Protection (PIP) insurance. Regardless of who causes the accident, PIP covers medical expenses and lost wages. However, if you’re in an accident, you can opt out of the no-fault system to pursue auto injury claims against the at-fault driver and possibly receive more vehicle accident compensation.
Statute of Limitations in Kentucky and Tennessee
In vehicle accidents, there is a limited amount of time to sue. In Kentucky, you have two years after the wreck to sue which can be extended with PIP benefits being paid, as per Ky. Rev. Stat. § 304.39-230(6). In Tennessee, you only have one year to file an auto accident lawsuit. Time limits for minors start when they turn 18. The Statute of Limitations for Wrongful Death cases is governed by KRS 413.140.
Frequently Asked Questions
Why Hire Flora Templeton Stuart Accident Injury Lawyers?
With over forty-seven years of representing clients in Kentucky & Tennessee, our personal injury lawyers are dedicated to obtaining justice for our injured clients. With local attorneys, right here in your community, we provide personal representation with our top attorneys, Flora and Kent. We meet with our clients to explain the entire process, leave no stone unturned with an extensive investigation to include our experts, and will refer our clients to excellent physicians. We take on the insurance company to obtain a maximum settlement. We can come to you and with offices close by we can travel to our injured clients when they cannot come to us. We treat our clients like family.
How do I pay for you to represent me?
Flora Templeton Accident Injury Lawyers we work on a contingency fee so you won’t pay us unless we win your case. We pay all costs of the case and are not reimbursed unless we collect money for you. you can call us for free, even on weekends with no obligation.
What type of cases do you handle?
We handle all car and truck accidents including commercial trucks, motorcycle accidents, pedestrian accidents, bus accidents, bicycle accidents, drunk driving accidents, work injuries, slip and falls, dog bites, and more. When a loved one has died in a personal injury accident we handle the wrongful death claim to obtain a recovery for the family to get the justice they deserve. Go to our personal injury overview link for more personal injury cases that we handle. since we concentrate our entire practice on personal injury law we are experienced in these areas of practice.
How do I know if I have a case?
Our lawyers will accept a case where we know we can help. You can call us 24/7 for a free consultation and our experienced attorneys will evaluate your injury case without charge. Our attorneys have never represented insurance companies or corporations. We can focus one hundred percent of our practice on helping the injured. Call us today for your free case evaluation. While we cannot guarantee the amount of recovery when you call we can and will give you an evaluation of how we will do everything to collect a maximum settlement.
