Kentucky Workers’ Compensation and Car Accidents

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.

Who Pays for Your Injuries?

While several factors are often involved, in Kentucky, if your auto accident is work-related, workers’ compensation acts as the primary.  The comp carrier is primarily responsible for your medical treatment and lost wages.

There may be expenses workers’ compensation doesn’t cover.  There may be a dispute regarding a certain doctor.  You may be a high-wage earner that the comp system doesn’t fully cover related to your average weekly wage.  There may be other ways to get that covered.  This is a reason you may want to hire an attorney who handles Kentucky workers’ compensation and car accidents.

Kentucky No-Fault Coverage (“PIP” Coverage)

This is the first level of additional insurance.  In Kentucky, it’s usually automatic coverage.  PIP generally covers $10,000 of medical expenses and lost wages (limited to $200/week).  You may have higher PIP coverage if you’ve elected to pay for it.  TARC and other companies may have “waived out” of PIP.  In this case, you may be able to use the PIP coverage from your own car or another source.  There’s also the Kentucky Assigned Claims Plan, which may be able to cover the PIP policy.

Your Own Health Insurance Policy

Another layer of additional insurance is your own health insurance.  When someone else was negligent and caused the collision.   You would have a personal injury claim against them, but the at-fault driver’s policy usually doesn’t pay until the claim is settled.  That takes time.  It may make sense to submit your claim this way to ensure you’re able to get it taken care of in a timely manner.  Workers’ comp should cover the majority of expenses, but there always exceptions. 

Under Insured Motorist Coverage

In Kentucky, you may have Under Insured Motorist Coverage (UIM) as part of your own policy.  This usually is coverage that can be tapped when the at-fault driver’s policy isn’t sufficient enough to cover all of your accident related expenses.  For instance, if their policy limit is $25,000 and you have $40,000 in expenses, the remaining $15,000 may be able to be split between PIP and your UIM coverage. 

Uninsured Motorist Coverage

This is exactly what it sounds like.  If the at-fault driver is driving without insurance, you may be able to file against your own Uninsured Motorist Coverage (UM).

Sound Complicated?

Actually, as Scott explains, it is.  A significant part of Scott’s role as an attorney is to identify the multiple layers of insurance coverage available to you.  He will effectively negotiate with each of them to make sure you receive the maximum benefit possible.  Including the subrogation claims.  It often requires time and experience to do it right. 

Scott Can Represent Clients Across the State of Kentucky

While Scott’s office is located in Louisville, he works with clients in many different areas of the state.  In Episode 19, Scott explained why you should be careful when the workers’ comp carrier wants to schedule you for an Independent Medical Exam (IME).  Scott can represent you and your workers’ compensation claim and auto accident claim virtually anywhere in Kentucky.

What is a Contingency Fee?

As an attorney who handles Kentucky workers’ compensation and car accidents, Scott works on a contingency fee.  This means it costs you nothing to contact him.  If he takes your case, the attorney fees will be deducted from the final settlement, along with the other fees and case expenses.

In Kentucky workers’ compensation claims, the attorney fees are strictly limited by law.

Scott goes on to explain that it may be in your best interest to consult with a workers’ comp attorney as soon as possible.  He can help you to navigate the complex system and fight to ensure you get the necessary medical treatment, medicine and benefits you deserve. 

Does Worker’s Comp Cover Pain and Suffering?

Unfortunately, the answer is really no.  Your impairment rating may add a small percentage for pain, but that’s different.  The claim for pain and suffering may be pursued if the other driver is the at-fault party.  Remember, Scott Scheynost handles both Kentucky workers’ compensation and car accidents.  Many people fail to realize that there may be a separate claim against the negligent driver, even though the accident occurred while you were working.  The pain and suffering claim may be a significant dollar amount.

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.