Hurt At Work's Podcast

Episode 8:  Louisville workers’ compensation attorney Scott Scheynost invited Trevor Smith, to join him for a discussion about filing for workers comp and social security disability insurance benefits, at the same time.  Trevor is a Louisville social security disability attorney and partner at the Smith and Wax Law Firm.  They have been working together on Kentucky workers’ compensation cases and disability cases, for over a decade.

Workers’ compensation and social security disability (SSDI) cases can sometimes be filed at the same time. This will allow you to have another source of income, during your challenging time. In addition, with SSDI, you may have the chance of additional medical benefits that were not just from the accident. Both lawyers use contingency fees, which means the client will not have to pay a penny, unless you win. The attorney fees, court costs and some expenses are paid once the case is over.

If someone has been disabled and unable to work for at least a year or longer, look at disability, but if you can’t go back to work consider filing for both. In order to have a case for social security disability, a client has to have at least one severe impairment.  When it comes to workers’ compensation, its usually physical. A lot of workplace injuries have to do with back injuries. Trevor usually asks if you have a severe impairment that is likely to prevent working for 12 months or more. If you are able to answer yes, it’s likely you have a shot at social security disability benefits.

Social security disability cases and workers’ compensation are different, so just being approved for one, does not mean you’ll get the other. Each has different standards.

When filing for workers’ compensation the first thing you will do is sign waivers.  This allows your attorney to get a free copy of your medical records, which can only be done once, otherwise, it could cost you around $300-400. The relationship between Scott and Trevor allows them to use the records to file for social security disability as well. SSDI needs these medical records, because SSDI looks at everything.

Social security disability will look at your mental health and physical health. Nothing is “pre-existing” when it comes to SSDI. On the other hand, workers’ compensation will only deal with the immediate injury. Something important to remember is workers’ compensation focuses on the percentage of disability (“impairment rating”), whereas social security disability comes into play there is a 100% chance you can’t work.

If you do not take advantage of the social security disability benefits, you are potentially leaving money on the table. Social security disability is a long process, so the sooner you start the better and sooner you may get the money. For SSDI, you already paid into the system, for situations just like this.

If you are able to receive social security disability, you will have a waiting period for Medicare insurance for two years. If you have never worked a day in your life, supplemental security income (SSI) allows you to have similar advantages like SSDI. To qualify for SSI, you have to be basically broke. This means you have to have less than $2,000 worth of assets. It allows you to have one house and one car, but you just have to stay less than the $2,000. This deals with assets only, which is important to remember. SSI allows you to get Medicaid with no waiting period.

If you or someone you know is over 55 and have a serious injury, there is a really strong chance of winning your case. Even if you are 20 or younger, you can still win. A good case is a good case, it just becomes easier if you’re older. If you are unable to do a 40-hour work week, this should be something to consider. Now you just have to prove it.

It is important to know that you can always go back to work with social security disability and workers’ compensation.

Workers’ comp is there to get you through a certain time, it doesn’t have to be the rest of your life. If you can recover, go back to work. If you can’t be sure to check out social security disability.

For more information about social security disability insurance benefits, contact Trevor Smith at http://www.smithandwaxlaw.com/.

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.

Episode 7:  Louisville Worker’s Compensation attorney Scott Scheynost discusses filing your workers’ compensation claim during the Corona Virus.  The process is still moving forward, although there are a few relevant changes. 

Kentucky workers’ compensation claims are quite often handled at a distance.  Scott has handled claims for clients across Kentucky and in other states.  Documents can be sent to clients and other individuals via email, mail, fax and other methods.  Much of the initial information can be handled over the form. 

Some of the forms may need to be notarized.  Banks and even the UPS store typically performs notary services.  Many healthcare professionals are still available either in person, via telemedicine and/or the phone. 

Delays Can Work in Your Favor

In a workers’ comp claim, an important step is getting the injured individual to maximum medical improvement (MMI).  This process is being delayed, due to some limitation on medical procedures, but that simply means your temporary total disability payments (TTD) will continue.

The independent medical examination (IME) is a factor in assigning your MMI and determining your impairment rating.  This rating helps to determine if you can return to work, whether restrictions or limitations to your physical ability will be assigned and other issues.  This is the area experiencing a delay for many clients, but there are ways to deal with this issue.  At the same time, remember your TTD benefit payments will continue during this process.  Those benefits stop, once you’ve reached maximum medical improvement (MMI).

The Scheynost Law Office Takes Preventative Measures

Scott and his staff are taking steps to comply with directives to ensure your safety related to the Corona virus crisis.  Please call in advance, to help us minimize contact with other clients.  The staff is limited to minimize potential exposure.  They are working from home.

Much of the work continues as it always did.  The workers’ compensation system is done without a lot of ongoing content.

Statute of Limitation

There’s a statute of limitation, which is a window of time during which you can file a claim.  In Kentucky that window is 2 years from the date of injury or the last date they paid TDD benefits.  If you go beyond this window, even by 1 day, you may not be able to file a workers’ compensation claim.  That’s why it’s important not to delay getting the process started.

Even though social distancing and other measures are in place, and some legal proceedings including hearings and benefit review conferences have been delayed, the statute of limitation is still in place.  That window has not been expanded.

Additional Accommodations

In most cases, the attorneys will have depositions.  This is a legal process enabling the other side to ask questions about your injury, status and other related topics.  Courts are allowing depositions to be held remotely, via video or phone. 

Hearings may also now be held remotely.  This is not happening in every case, but the systems and processes are evolving.  Most of the documents required for a workers’ compensation hearing are already required to be filed electronically.

If You Were Hurt Outside of Kentucky

It’s fairly common for someone to be injured outside of Kentucky, but still qualify to file a KY workers’ compensation claim.  Scott has to be able to prove the company or some other group has a legal connection to Kentucky.  If that can be done, you may be eligible to file here.  The previous information still applies to those types of cases.

Workers’ Comp Cases are Handled on a Contingency Fee Basis

This means that the attorney gets paid only when he/she wins the case.  There’s no hourly fee or retainer.  If the attorney were to lose the case, the client is typically only responsible for some miscellaneous court costs and related fees.  These are much less than the actual attorney’s fees.

In Kentucky, a workers’ compensation attorney receives a limited amount.  The maximum possible for an attorney is $18,000.  This means that even if you receive well over 6-figures in benefits and settlements, Scott’s fee is capped.  It’s computed on a percentage basis, which is also on a sliding scale.  A typical car wreck attorney normally charges 33%-40%.    Scott will be happy to more fully explain the fees, before you hire him.

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.

Episode 6:  Louisville Worker’s Compensation attorney Scott Scheynost discusses the overall workers’ comp process.  The informal process is the initial stage during which you’re working with the adjuster and getting some treatment.  The formal process begins when the adjuster stops being cooperative (or never was) and litigation becomes necessary.

During the informal process, you may not have had to force them to do anything, so you may not think you even need an attorney.

Remember, in Kentucky, you’re required to give notice to your employer letting them know you were injured.  They are required to start a file, report the incident to the Workers’ Compensation Board of Claims.  You’ll be contacted by the insurance carrier.  The carrier will assign a claim number and other actions.  It’s very important you keep track of this claim number.  In Kentucky, the Department of Claims will also assign a claim number.  Keep them both.  They are separate number for separate organizations.  The informal process begins with your notification to the employer.

If you’ve been injured at work, the company owes you medical treatment, but you do not have to go to a specific doctor the company selects.  Even with an informal claim, you should probably begin with your family doctor.  He/She may be more interested in getting you healed, rather than reducing financial exposure by getting you back to work before you’re ready.

The more expensive the medical surgery or therapy, the insurance adjuster may exercise the right to review the case.  The adjuster is trying to limit expenses.  An attorney may need to file a medical fee dispute.  If it’s been denied by the workers’ comp carrier, you may decide to have your health insurance cover it.  We may be able to get these expenses reimbursed, down the road.

Eventually, after the medical treatments have been completed, you’ll finally reach the point of “maximum medical improvement” (MMI).  At this point, the doctors are saying there’s nothing else they can do to improve your condition.  Your temporary total disability (TTD) payments will now stop. 

This is when you’ll receive an impairment rating.  These are highly subjective.  It’s very important to let your attorney help you evaluate the rating.  He may decide to send you to a different doctor, which is called an Independent Medical Exam (IME).  Once the MMI is fair, your attorney will work to prepare an evaluation and begin negotiating for your benefits.  It’s basically the point he begins arguing what your case is actually worth and what level of financial benefits you should receive, along with other benefits.

If a settlement cannot be agreed to by the workers’ compensation adjuster, the formal process begins.  It’s more detailed.  This is when you and your attorney files a formal claim with the Kentucky Department of Workers Claims.  It’s assigned to a judge and the attorneys begin a formal process.  At this point discovery takes place.  There will then be a discovery deposition.  This is why it’s important to avoid posting information on Facebook about your injury, status or activities.  The other side’s attorneys will try to take those issues out of context in an attempt to minimize your injuries.

Now, the information will be submitted and the judge will review it to make a decision.  A hearing will be involved.  It’s not a jury trial, but it’s still a legal procedure.  You will be able to finally tell the judge how you’re doing as a result of the injuries and treatment.  It only lasts 30-45 minutes. 

The judge will then give both attorneys 30 days to write a brief.  These briefs are presented in front of the judge who listens to both and adds them to the case file.  He/She will then review the evidence and issue a decision.  It’s possible that either side may decide to appeal the decision.  There are guidelines determining whether the decision can be appealed. 

If there is an appeal, your case will go before the Kentucky Department of Workers Claims Workers’ Compensation Board.  A panel of 3 will review the facts and render a decision.

The case could actually be appealed to the Kentucky Court of Appeals.  The Kentucky Supreme Court and possibly even the US Supreme Court could also be options. 

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.

Episode 5:  Louisville Workers' Compensation 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 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 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.

Episode 4:  Louisville Worker’s Compensation attorney Scott Scheynost discusses 5 reasons you need a workers’ comp lawyer. 

Reason #1:  The Kentucky workers’ comp system offers a choice of medical providers.  You have the right to select your own provider.  You company may attempt to have you stick with the “company doctor.”  They and the workers’ compensation insurance carrier want to try to save money on your case.  The focus needs to be on your proper care and healing.  An attorney can help to ensure you receive the treatment you need.

Reason #2:  Your company owes you Temporary Total Disability benefits (TTD), if you’re hurt on the job.  The amount you receive is based on your average weekly wage. It should include your overtime and bonuses during the previous 12 months.  It may also include any second job you may have.  It’s a very complicated calculation.  In fact, it’s often miscalculated resulting in a lower benefit check.  Episode 3 of this podcast spoke extensively about TTD benefits.  The calculation is also used to determine potential permanent disability benefits.  Scott and his staff can review your information and determine if the TTD calculation was done properly.

Reason #3:  The insurance adjuster and company doctor will definitely attempt to influence the true case value of your injury.  This impacts the permanent disability benefit.  The formula depends on several factors:  Your impairment rating, your average weekly wage, whether you can return to your original job, your age and your education.  A workers’ compensation lawyer can effectively argue on your behalf in an effort to properly establish your case’s value and thus, your permanent disability benefits.

Reason #4:  The workers’ compensation adjuster negotiates every day.  An important reason you need a workers’ comp lawyer is has years of experience negotiating with these adjusters on behalf of his/her clients.  This is critically important if you need lifetime benefits or the right to reopen your case down the road.  This is part of Kentucky’s workers’ compensation law, but the adjusters will try to convince you to give up certain rights to get something you may think you need. 

Reason #5:  You need to preserve your rights, especially if your injuries are severe.  Your career and earnings capacity may be limited as a result of your injury.  You may also be eligible for vocational rehabilitation.  Your attorney can also help you to properly evaluate any offers made by the workers’ compensation insurance adjuster.  You don’t want to accept a low-ball offer, because you didn’t realize your case is worth more.

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.

Initially, it’s difficult to know how much your case may be worth.  Your medical treatment is an important factor, as is your recovery.  You’ll need to reach the Maximum Medical Improvement (MMI).  This will result in a doctor being able to assign a permanent impairment rating.  You may or may not be able to return to work, depending on the severity.

Factor #1:  The monetary benefits.  Temporary Total Disability (TTD) is the money you receive from when you sustain your injury until the time at which you reach your MMI.  It’s calculated at 2/3 of your average weekly wage.  TTD is not considered taxable income.  As discussed in Episode 2, the calculation for your average weekly wage is complex and may take into consideration other sources of income.  If you have a second job, it’s important that you let your employer know.  It can result in an increase in your TTD.  There is a ceiling to the TTD benefit in Kentucky.  However, the benefits can last for several years, until you finally reach your maximum medical improvement.

It’s important to contact a workers’ compensation claim before MMI is reached.  At this point, you may be assigned an impairment rating.  Total disability may be the outcome.  If so, you’ll typically receive the same amount you received on TTD, until age 70 (as of the recording of this episode).  Partial disability is a more likely outcome.  An impairment rating will be combined with your average weekly wage, your ability to return to your old job, your age and your education to determine your workers’ compensation benefit.

The impairment rating can be disputed.  There are various ways to assign the rating.  The lower the number, the less money you’ll receive.  Often, the company doctor may be more conservative with this rating. 

Factor #2:  The medical treatment.  In Kentucky, you get all reasonable and necessary medical treatment.  It includes doctor’s bills, medication, therapy, equipment and even mileage to and from your appointments.  The workers’ compensation adjuster may neglect to tell you about the mileage and travel expense coverage.

Lifetime medical benefits are covered under the Kentucky workers’ compensation system.  You also have the right to reopen your case within 4 years, if your condition significantly worsens.  You need to work with an attorney to reopen your case, prior to a surgery to ensure you maximize your TTD and other payments.

Vocational rehabilitation is also covered in Kentucky.  If the judge considers you a good candidate, you may be able to get trained for another job/profession.  This includes tuition, books, supplies, travel, etc. for a period of up to 52 weeks.  The younger you are, the better your chances of receiving vocational rehab benefits.  One important limitation is that you are able to do any job you’ve done before.

Factor #3:  Other actions related to the same injury.  Some injuries may enable you to file additional claims for benefits, at the same time.  SSDI may be available.  This system will take your full medical history into consideration, beyond just the injuries sustained on the job.  You may have an automobile accident claim.  If you drive a truck for a living, travel as part of your job, or are involved in a pedestrian collision by another driver, you may also be able to get additional benefits as part of your motor vehicle accident case.

Products liability may be involved if you’re injured using machinery or equipment that failed, resulting in your injury. 

The statute of limitation may vary for the individual claims. Your case may involve different state jurisdictions.  This can complicate the process and deadlines.  It’s important that you speak with an attorney to ensure you understand your options. 

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.

Episode 2:  Louisville workers’ compensation attorney Scott Scheynost discusses the steps and why they’re so important.

Step 1:  Seek medical treatment.  Kentucky law allows you to select your own doctor.  You are not required to only see the company doctor.  Companies want to lower costs, so they and some doctors may attempt to minimize the medical treatment and medical tests you receive.  Your family doctor may focus more on you and your recovery.  Let your doctor know your injury occurred at work so the fact gets entered into your medical record.

Step 2:  Give notice to your employer, as soon as practical.  Tell a supervisor or manager.  Verbal notice is sufficient, but you might want to take the time to write a note for your employee file.  An FROI form is a valid record, but you might also want to make sure other people are aware you informed your company. 

Step 3:  Make sure the claim gets filed.  You have to file a workers’ compensation claim within a specific period of time.  Contact an experienced Kentucky workers’ comp attorney to ensure your claim is handled properly.  If you exceed the Statute of Limitation, you may not be able to file a claim to preserve your right to pursue benefits. 

Step 4:  Make sure you’re getting the right benefits.  Kentucky law provides for monetary compensation, medical care payment of medical bills and/or related expenses.  The average weekly wage calculation is complex.  It’s often miscalculated.  If you have a second job (“concurrent employment”) and your employer knows about it, you may be able to claim both sources if income in your average weekly wage calculation.  This can result in getting a higher benefit.

There’s a possibility of qualifying for social security disability insurance (SSDI), an automobile accident claim, PIP benefits, a products liability claim and other sources of compensation.  These claims may be able to be pursued at the same time as a workers’ compensation claim. 

Step 5:  Preserve your benefits.  Kentucky currently offers the right to lifetime benefits and the right to reopen your claim if your condition worsens.  However, you need to take steps to ensure you preserve these benefits. 

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.

Episode 1:  Louisville workers’ compensation attorney Scott Scheynost is launching his podcast.  This is an introduction to Scott and his practice.  Scott is originally from Louisville.  He began his career working for an insurance defense firm, but eventually started his own firm to work directly with individuals.   

Scott enjoys the challenge of law and being able to help individuals resolve problems related to workplace injuries.  Scott can handle cases across the state Kentucky and in Indiana.  If you’re hurt at work, you probably have a workers’ compensation claim.  Scott can help individuals to determine if the injury qualifies for benefits.  His practice is a contingency fee basis.  Scott only gets paid if he’s able to get a financial award for his client.  His fees are capped by the Kentucky workers’ comp system.

Workplace injuries can include falls in the workplace, knee and back injuries, car wrecks (if you’re job involves driving), repetitive motion injuries, carpal tunnel syndrome.  Some employers may attempt to blame the injury on something else.  Employers have an incentive not to report a workers’ compensation claim.  Companies having at least 1 employee are required to carry workers’ compensation coverage.

Some companies attempt to classify laborers differently to avoid paying benefits.  You may not be an independent contractor, even though your employer may try to classify you as such.

Common Misconceptions about Workers’ Compensation

The compensation insurance carriers will try to avoid paying benefits or limit your medical treatment.  They are trying to minimize the cost.  You need to understand the carriers don’t necessarily have your best interest at heart.  Don’t let the company pick the doctor.  So-called “company doctors” are often used to keep costs down.  You may be told you can return to work earlier than you should.

The workers’ compensation system isn’t always quick.  Medical treatment can begin, but disputes will happen.  The process can take time to gather the proper information and enable you to complete your medical treatment to maximum medical improvement (MMI).  This results in an impairment rating.  Even those ratings can be disputed.

Pain and suffering is not included in a workers’ comp claim.  It’s different from an automobile accident case.  The medical treatment is covered, but if there’s not a permanent impairment rating, the system isn’t set up to provide additional compensation. 

Workers compensation claims may be able to be filed with a separate social security disability insurance claim or potentially a separate automobile accident claim.  You should ask your attorney to explore other potential sources of funds for your injuries.

Should You File a Claim?

If you’re asking this question, you probably should.  Contact an experienced workers’ compensation attorney to determine your options.  This is particularly important if you now have a permanent problem (e.g. scars, limp, limited range of motion or use).

If your impairment rating is incorrect, or if your average weekly wage is incorrectly calculated, you should have someone review your situation.  An attorney may be able to speed up the process and will can begin doing the background work.

What if My Employer Retaliates because I Filed a Claim?

There are specific laws to ensure companies are not allowed to retaliate against you.  An attorney will help you to determine your rights and to pursue additional compensation related to the retaliation.

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.

Louisville workers' compensation attorney Scott Scheynost is launching his new podcast.  This trailer is an announcement.  Scott will publish a new episode every 2 weeks.  He'll include information, tips and advice to help injured, Kentucky workers maximize their workers' comp benefits.

For more information, visit:  http://www.ScheynostLaw.com for additional information about Scott and valuable explanations of issues and topics related to workers' compensation in Kentucky.