Kentucky Law Blog

Mark’s Notes on Legal Topics of Interest

When a workers’ comp and personal injury lawsuit may make sense

Workers’ compensation insurance is designed to allow workers in Kentucky who suffer a job-related injury to recover the cost of medical treatment, a portion of their salary, and vocational training, if necessary, while protecting employers against a personal injury lawsuit. Injured workers can recover workers’ comp benefits without worrying about proving who was at fault for the injury.

Although workers’ compensation laws protect employers from being sued by an employee, there are some circumstances in which a work-related injury can be cause for both a workers’ comp claim and a personal injury lawsuit. An injured party may wish to do this to collect damages for pain and suffering in a personal injury lawsuit. Non-economic damages such as that cannot be recovered in a workers’ compensation claim.

When a personal injury lawsuit makes sense
A knowledgeable injury law firm that handles both workers’ compensation claims and personal injury lawsuits can review the facts of your case to determine if filing both types of lawsuits is warranted. Examples where this may be so include:
• When an injury is caused by a defective product, in which case the manufacturer or a party in the chain of distribution may be named in an injury lawsuit.
• When the injury is caused by a third-party contractor.
• When an employer’s actions are intentional or grossly negligent. This includes the intentional infliction of physical or emotional distress.
• When the injury involves a toxic or illegal substance.

It is also important to know that Kentucky law allows workers to recover 30% more in disability benefits if their injuries occurred as a result of a safety violation.

Consult with an experienced injury law firm
Legal issues involving work-related injuries in Kentucky are complex. It’s always wise to work with a knowledgeable injury lawyer who will help protect the rights of the injured party or the party’s family in the case of a fatal work-related accident.

On behalf of Mark Knight Attorney at Law