If you are seriously injured in an off-duty car accident caused by someone else, you might file a claim against the perpetrator or his insurance company under ordinary personal injury law. If you suffer a work-related injury, however, the Kentucky workers compensation system is what you have to deal with. A workers’ compensation claim can be filed over a sudden injury related to an accident, or over a long-term work-related injury that developed over many years.

The main advantage of the workers’ compensation system is that you don’t even have to prove that your employer was negligent or otherwise at fault to win your claim. In some cases, you can win even if the accident was your fault. There are two main disadvantages, however — (i) you cannot claim compensation for non-economic damages such as pain and suffering, and (ii) the workers’ compensation bureaucracy is complex and confusing.

The “Pain and Suffering” Problem — and Potential Ways Around It

In an ordinary personal injury lawsuit, a victorious plaintiff is normally entitled to “pain and suffering” damages to compensate him for the physical suffering he endured due to his injury. Despite the intangible nature of pain and suffering, compensation is often set at three to five times the total amount awarded for medical expenses. The problem is that the workers’ compensation system does not allow compensation for pain and suffering.

The ordinary personal injury compensation system does, however, allow compensation for pain and suffering, and if you can find a way around the workers’ compensation system, you might be able to win pain and suffering damages, This might be possible if:

• You were injured at work by a defective product.
• Your worksite was owned or managed by someone other than your employer, in which case you might be able to win a premises liability claim against the property owner or manager.
• You were injured at work by the negligence of someone not associated with your employer.
  The bottom line is, your claim might be worth a lot more than you think it is — and the only way to find out for sure is to consult with someone who handles these sorts of claims for a living.

The Sooner You Retain a Lawyer, the Better Your Chances Will Be

If you have suffered a work-related injury in Kentucky, or if you have an injury that you suspect may be work-related, contact Glenn Martin Hammond Law Office PLLC at (866) 448-7777 or, alternatively, contact us online. We offer free consultations, and if your injury prevents you from making it to our office, we can come to meet you wherever you are. We serve clients throughout Lexington, Kentucky including Squire Oak, Rabbit Run, Walnut Ridge and elsewhere.