Information for Your Workers’ Comp Attorney
Episode 5: Louisville Workers’ Comp 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 workers’ comp 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 workers’ comp 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.