If you work in a warehouse and have been injured at work, you are likely entitled to workers’ compensation benefits. In Kentucky, the workers’ compensation system provides benefits to injured warehouse employees, regardless of who is at fault for the workplace accident.
Warehouses can be dangerous places for the people who work there. Thousands of people every year in Kentucky will be injured in a work-related warehouse injury.
Workers’ compensation benefits for warehouse workers can provide different types of benefits depending on the nature and extent of the injury of the warehouse employee. While the system may seem simple, the reality is that many injured warehouse workers face major roadblocks as they try to recover the full benefits they deserve.
If you are a warehouse employee who has been injured at work, you should contact a workers’ compensation attorney as soon as possible to determine which benefits – and how much – you may be entitled to collect.
It takes Kentucky Courage to fight for fair workers’ compensation benefits. You have it, and so do the lawyers of Morgan, Collins, Yeast & Salyer. Contact us now for a free claim review.
Benefits for Injured Warehouse Workers in Kentucky
In Kentucky, warehouse employees injured at work may be eligible for several categories of workers’ compensation benefits.
The types of benefits are:
- Temporary Total Benefits – A warehouse worker can be compensated for two-thirds of the employee’s average weekly wage for time missed due to a warehouse injury.
- Permanent Partial Benefits – This type of workers’ compensation benefit can be awarded based on a whole-body impairment rating provided by the American Medical Association. Benefits are typically paid from between 425 weeks and 520 weeks.
- Permanent Total Benefits – These benefits may be available to a warehouse employee who has a complete and permanent inability to perform any type of work as a result of a warehouse injury.
- Medical Expenses – A warehouse employee’s medical expenses should be covered for a warehouse injury. Often the employee must choose a doctor in-network.
- Fatality Benefits – If a warehouse worker dies of a work-related injury within four years of the death of the injury, a lump sum can be paid to the deceased’s estate.
The surviving spouse and children may also be entitled to income benefits.
What to Do If You’ve Been Hurt Working in a Warehouse
If you are a warehouse employee and you were injured at work, it is important that you put your employer on notice that you were involved in an accident as soon as possible in order to protect your rights under the workers’ compensation laws.
Of course, the most important thing to do if you’ve been hurt in a warehouse is to seek medical treatment. You should be examined by a medical professional after a warehouse accident to determine the nature and extent of your injury, and to get the treatment you need.
Next, if you had an accident in a warehouse, you should provide written notice to your supervisor advising that you were involved in an accident. The notice should include an explanation of the work you were performing in the warehouse when you were injured. It should also include a detailed description of how the accident occurred, and what, exactly, caused your injuries.
You should also tell your employer if there were any witnesses to your accident, and provide your employer with any photographs of the accident site.
By law, your employer must have workers’ compensation insurance or be self-insured. Your employer is also required to post a workers’ compensation notice in the warehouse with information about their workers’ compensation insurance company.
Your warehouse employer is required to keep a record of all the information they receive about your accident and your injuries. Also, if you miss work because of the accident, your warehouse employer must file a report with the state Department of Workers’ Claims. Finally, your employer should provide you with an official accident report within three days of receiving notice.
After your employer files its accident report with the Kentucky Department of Workers’ Claims, the workers’ compensation insurance company is required to advise the department that it is aware of your accident and of your potential workers’ compensation claim for your warehouse injury.
Once you have provided notice of your accident to your warehouse employer, you can proceed with filing your workers’ compensation claim. However, filing for workers’ compensation benefits is a complicated process. There are specific deadlines to meet and certain proofs that must be filed. It is not merely filling out forms.
You should immediately contact an attorney that focuses on workers’ compensation claims if you are a warehouse worker that was injured in a warehouse accident. The attorneys at Morgan, Collins, Yeast & Salyer have proven experience in helping warehouse workers receive the benefits they deserve.
Call our team of workers’ compensation attorneys now. We are here to help injured warehouse workers throughout the state.
How a Workers’ Compensation Lawyer Can Help
If you have been injured while working in a warehouse in Kentucky, you probably have many unanswered questions such as, “Who is going to pay for my medical bills?” and “What if I am no longer able to work?” You may also be wondering, “How long do I have to file my workers’ compensation claim?”
An experienced workers’ compensation attorney can answer all of your questions about your warehouse workers’ compensation claim, and also help you pursue all of the workers’ compensation benefits you are entitled to under the law. In fact, that is the number one goal of the team of attorneys at Morgan, Collins, Yeast & Salyer.
Our attorneys can help you pursue workers’ compensation benefits for your warehouse injury by:
- Gathering Evidence – Your attorney can collect all of the evidence necessary to process your workers’ compensation claim, which includes obtaining all of your pertinent medical records and employee files.
- Obtaining Necessary Expert Reports – A workers’ compensation attorney is responsible for obtaining a narrative report from a medical expert that specifically details the relationship between your warehouse injury and your warehouse accident with competent and objective medical evidence.
- Discovering Prior Similar Accidents – Your workers’ compensation attorney can use an open records request made to the Department of Workers’ Claims to determine if accidents similar to yours have occurred at the warehouse, and if there were previous workers’ compensation claims made for similar accidents or similar injuries.
- Providing Advice Regarding Settlement – Your Kentucky Courage attorney will be able to provide advice regarding the value of your workers’ compensation claim, and work with you to determine a reasonable settlement value. An experienced workers’ compensation attorney should be honest about a fair settlement amount. Your attorney will be able to negotiate a fair settlement amount on your behalf with the workers’ compensation insurance company.
- Filing Pleadings on Your Behalf – If your workers’ compensation claim does not settle, a workers’ compensation attorney can file all pleadings on your behalf with the Administrative Law Judge to initiate your case in workers’ compensation court. This could include preparing and filing the initial pleading for your injury claim, as well as forms pertaining to your employment history and medical history, including all Social Security release forms. Your workers’ compensation attorney will also be able to respond to any pleadings filed by or defenses asserted by your employer.
- Conducting Discovery – Once your case is filed in workers’ compensation court, your workers’ compensation attorney will be able to conduct depositions of the representatives of your employer. Your attorney can also help you prepare for your deposition. Indeed, the most important event in your workers’ compensation claim is your testimony under oath. An attorney can guide you so that you are able to provide full, complete and honest answers to the questions posed by opposing counsel. Your attorney can help you understand that honest claimants often receive higher awards for their claims.
- Representing You at a Benefits Review Hearing – If your case does not settle, a workers’ compensation attorney can represent you at your benefits review hearing before the Administrative Law Judge. Your attorney can litigate all aspects of your claim by questioning all necessary witnesses, submitting all favorable exhibits, conducting legal research and filing all necessary trial briefs for your hearing.
Common Work Injuries for Warehouse Employees
There are many different types of jobs that are performed in a warehouse. There are also many different types of injuries that can be suffered by people who work in warehouses.
Some of the more common types of warehouse injuries are:
- Injuries to the spine including sprains, strains, slipped or herniated discs, and pinched nerves
- Broken bones with surgical repair
- Crush-type injuries requiring amputation
- Scarring and disfigurement
- Carpal tunnel syndrome
Common Causes of Warehouse Injuries in Kentucky
Working in a warehouse is inherently dangerous. According to the U.S. Occupational Safety and Health Administration (OSHA) warehouse hazards include:
- Loading Docks – Warehouse workers are often injured when they are struck by moving equipment on loading docks. Some injuries occur when an employee falls from an unsecured loading dock.
- Forklifts – Forklift accidents are one of the most common types of warehouse accidents. Warehouse workers can be injured if they are stuck by an inattentive forklift operator, or if they are struck by material that is improperly off-loaded. Forklift accidents can cause very serious injuries, and in fact kill many warehouse workers each year.
- Conveyors – Conveyors are also dangerous equipment that can cause serious injuries. People who work on conveyor lines can lose body parts or suffer death if they are caught in a conveyor. Warehouse workers are also often hit by moving products on a conveyor, or suffer repetitive stress injuries from operating conveyors.
- Storage Shelving – Stocking heavy material on storage shelving in a warehouse can cause serious injuries if the heavy materials fall on a warehouse employee.
- Lifting – Warehouse workers are required to lift heavy items, day in and day out. This can cause warehouse employees to suffer low back injuries from sprains and strains to slipped discs in the lumbar spine.
- Hazardous Materials – Handling hazardous material can cause chemical burns and respiratory injuries if there is a chemical spill in the warehouse.
- Charging Stations – If batteries are used in a warehouse’s operations, warehouse workers can be injured if a fire or explosion occurs where the batteries are charged.
- Ergonomics – Warehouse workers are often required to perform repetitive motions on a daily basis. Many warehouse workers develop musculoskeletal injuries from performing these types of activities over time.
Warehouse Injury Statistics
There are about 1.97 million warehouse employees working in the United States. The U.S. Bureau of Labor Statistics reports that warehouse employees are injured more often than the national average. In one recent year, there were 22 fatalities for every 100 warehouse workers in the United States. It also reported that there were 5.1 recordable injuries per every 100 warehouse workers.
OSHA reported a total of 221,400 non-fatal injuries in the warehouse industry. Of those cases, 103,600 involved missed time from work.
Kentucky reported at total of 4,400 non-fatal injuries in the warehousing and transportation sector.
Talk to a Kentucky Workers’ Compensation Attorney Now
If you are a warehouse employee and you were injured at work in a warehouse accident, you should immediately speak to an attorney who concentrates on workers’ compensation law. You have a right to recover benefits in Kentucky and may be entitled to compensation.
The attorneys at Morgan, Collins, Yeast & Salyer can help. Our team of experienced workers’ compensation attorneys are familiar with the types of accidents that warehouse workers may suffer and are familiar with all of the remedies you may be entitled to. We can be reached by phone or by filling out a contact form online. We have offices conveniently located across the state of Kentucky.