If you have been disabled or seriously injured as a result of a work accident, and after a period of time have been told that there is nothing more that the physician can do or that you must return to work before you feel you are healed, you may be left wondering what your options are. Workers’ compensation cases are difficult for individuals with no law experience to navigate alone; that’s where we come in.
Loopholes in a Kentucky Workers´ Compensation Claim that allow the employer or insurance company to basically skip out on fully compensating the employee and ensuring that they are taken care of until their injury is healed are unfortunately relatively common. If the TTD benefits are terminated when a physician deems the employee fit to return to work but the employee is in fact not fit to return to work, this leaves the individual with limited options, especially if they live alone or do not have a spouse with an income.
If you have found yourself in this situation, an attorney will assist you in filing for a Benefit Review Conference (BRC).
A BRC is a hearing held between the attorneys and the Administrative Law Judge. The hearing is held in order to determine your current medical condition and to determine if you are at Maximum Medical Improvement. If so, your Final Hearing will be scheduled within two to four weeks. It is then that you will be asked a final set of questions about your injury, and a final decision will be made within sixty (60) days.
If the decision is ruled in your favor, the insurance company will be responsible for your medical costs for the rest of your life. It is important to remember that if you are awarded PPD benefits, they will not be for life but for a total of 425 weeks, or 8 years. In some cases in which the individual is completely disabled the period of coverage has been extended, but this is not common.
The impairment rating that you receive from the physicians is the deciding factor for your PPD benefit amount; in most cases, this is not a considerably large amount.
Many people inquire about receiving one large lump sum payment rather than receiving weekly benefit payments. In some cases, depending on your injuries, the ruling of the judge, and the insurance company, you may receive your payment in one large lump sum amount.
Permanent Partial Disability (PPD) Benefits can prove to be a little complicated, but we are here to help you through every step of the way.
If you’re already facing financial trouble, you may be hesitant about moving forward with legal proceedings. No worries; you will not receive a single bill for our services until after we reach a settlement for you. This is how confident we are that we can help you receive the money that you need and deserve. Give us a call today to learn your options for filing a PPD benefit claim.