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.