Suing negligent third parties in Kentucky in addition to filing your Worker’s Compensation Claim. If you were an “Employee” then Worker’s Compensation is an exclusive remedy against your employer. However you can still sue third parties, and your employer if you were not really an employee.
In Kentucky you can pursue a worker’s compensation claim and also file a lawsuit against a negligent torfeasor who caused your injury.
Comon injuries that take place at work: Car, truck accidents, work related slip and falls, falling objects, dog bites, and more. In Kentucky worker’s compensation is an exclusive remedy. You cannot sue your employer and are limited to receiving worker’s compensation benefits only.
However, if you were not an employee, then the rule does not apply. If you were an independent contractor and worker’s compensation does not apply to you, then may sue your employer. Furthermore, Aleksander Law Office, PLLC , Anna Aleksander Attorney who has recovered a lot of money for the injured is ready to help you file a claim against negligent third parties who caused your injuries while you were at work. For example, you were driving in your work vehicle, delivering food or medicine when a negligent driver caused a wreck, or delivering a package when bit by a vicious dog, or if you slipped and fell while working. You can get both worker’s compensation and sue the negligent driver or the negligent tortfeasor.
No double recovery rule in Kentucky and a “Worker’s Compensation Lien.” You may sue the negligent third party, but there will be a lien for the worker’s compensation benefits against your recovery from a third party. Worker’s compensation benefits maybe reduced to avoid double recovery. Sometimes the worker’s compensation lien maybe negotiated down. They are not entitled to repayment for the following 1) Pain and Suffering, 2) Mental Distress, 3) Benefits which they have not paid, 4) attorney fees (pro rate share). They can only assert a lien as to those benefits which duplicate worker’s compensation benefits paid.
Uninsured Motorist Coverage: The worker’s compensation lien cannot be asserted against any recovery made by the injured Plaintiff. That means 100% of that recovery is yours free and clear.
If you have been injured by a third-party while on the job, you should speak with a lawyer right away. If your injury was in a vehicle, you may also be entitled to PIP benefits. However your PIP benefits will be available only to the extent that worker’s compensation benefits have not paid for your injury.
It hardly seems fair that you as a Plaintiff would have to reimburse worker’s compensation out of your injury settlement against a third party. Why should they benefit from your efforts and your lawsuit against a third party. KRS 342.700 gives the employer subrogation rights. Sometimes, you may try to get them to assign to you their rights to subrogation. Technically they cannot waive such rights, however they can assign them to the Plaintiff if they so wish.
If you have been seriously injured by the negligence of a third party, don’t hesitate to call Anna Aleksander at Aleksander Law Office, PLLC . I will be happy to discuss with you any injury case which you may have. The call is free 502-589-0816.
Written by Anna Aleksander, Attorney