Workers Compensation Kentucky Disability Rehabilitation

Some things can cause you to lose your benefits.  A person that intentionally injures himself or commits suicide is not covered under workers compensation.  But merely being negligent is not enough the employer has to prove that a person intentionally injured himself.  This is very hard to do.  The failure to use safety equipment may reduce or eliminate benefits. However if the employer encouraged the employee to ignore safety devices or rules and procedures the employer may be fined or the compensation may be increased.   If the injury was intentionally caused by the employer the worker may even elect to sue the employer in a regular lawsuit where he may be able to collect far greater damages from the employer.

 You should always follow any medical advice because the failure to follow a treatment plan may also reduce your benefits or eliminate them if you unreasonably refuse any treatment.  However whether or not you unreasonably refused treatment is a matter for the facts of any case.  

A person may also lose benefits for misrepresentation in either filing his case or in being hired.  Often an employer may ask on a application if the employee has been previously injured.  The failure to truthfully answer or fill out applications has excluded some persons from benefits especially when it concerns prior illness or disability.  

If another insurance company is paying for treatment workmans compensation will only pay the uncovered portion.   This is called collateral source.   If payments are made the employer may avoid payment of the medical benefits.  

If the Worker becomes rehabilitated it may also reduce his benefits as he becomes more able to work.   A worker may start of being totally disabled and then may later become partially disabled or may no longer be disabled at all.  

If you have a specific Workers Compensation question e mail the Workers Compensation attorney.  We will answer it and perhaps add it to our commonly asked Workers Compensation information section.  This is not legal advice. Only a Workers Compensation attorney should advise you about your individual Workers Compensation problems.  It is for informational purposes only.   The Personal Injury and Workers Compensation Manual is free  and written by an attorney download your copy. 

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