Workplace Injury

There is a difference between Workers' Compensation and Negligence. At Dettman Law we work on both aspects of your case.

Can I sue my employer for getting hurt on the job?
When you are injured on the job, you will be able to recover compensation from your employer only through workers’ compensation law. There are some limited circumstances which allow you to file a lawsuit against your employer in civil court including if your employer intentionally hurt you or if your employer has insufficient workers’ compensation insurance, or no workers’ compensation insurance

Can you sue workers compensation for pain and suffering?
In addition to lost wages, reimbursement for medical treatment, and compensation for any permanent impairment, you may be able to sue for pain and suffering and punitive damages. You will not be able to receive any compensation for pain and suffering through worker’s comp, but you can seek a personal injury lawsuit for this item. If you’ve developed a mental or emotional disorder because of your physical work-related injury, you may receive extra compensation.

Can you lose your job while on workers comp?
Most employers will not come right out and tell an employee on workers’ compensation that their workers’ compensation claim is the reason they are being terminated. An employer cannot terminate your employment as retaliation for filing a workers’ compensation claim.

Can you be fired for suing your employer?
Deciding to sue your employer is never easy, but it is sometimes necessary. If you’ve experienced harassment, discrimination, wrongful termination or a workplace injury, sometimes your only recourse is legal action. You will need a valid legal claim against your employer such as discrimination, harassment, or a negligent workplace injury.

Frequently Asked Questions About Workplace Injury

Kentucky has a legal theory called exclusive remedy. What it means is that if you are hurt on the job your remedy is a workers’ compensation case. The problem here is that a workers’ compensation case does not allow for pain and suffering. There may be a way around exclusive remedy depending on the facts …
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The real difference between a workers’ compensation case and a personal injury case is pain and suffering. A workers’ compensation case does not allow for pain and suffering which limits damages. A negligence case allows for past/present/future emotional and physical pain and suffering. Your recovery will presumably be larger if you can claim pain and …
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If you are injured on the job seek medical attention. Take pictures of the scene if possible. Do not speak to an insurance company without a lawyer present. As soon as you are able set up a free consultation with a personal injury lawyer and a workers’ compensation lawyer. Your employer and any potentially liable …
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Kentucky has limitations on suing for negligence if you are receiving workers compensation. Under normal circumstances this means you can’t sue for both. However, if there is a potentially liable third party than you can pursue them for negligence. A personal injury lawyer can help you. The consultation should be free.

If you are injured on the job in Kentucky you can pursue a workers’ compensation case. If there is a liable third party you can sue that party/person for negligence. The difference in these cases is the type of damages you can recover. In a negligence case you can claim pain and suffering. A workers’ …
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You can sue your employer for putting you at risk, but the judge will throw out the case if you don’t have any damages. Suing someone preemptively for damages that haven’t occurred yet is a loser in court. If you have concerns you should put them in writing to the employer and also contact OSHA …
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More FAQ About Workplace Injury