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A workers’ compensation claim can be made in a work-related auto accident even if your employer failed to maintain workers’ compensation insurance.


Oct 12th, 2009

As a Lexington accident attorney, I have recently observed that employers are failing to report work-related auto accidents and truck accidents to the workers' compensation insurance company in order to avoid rising workers' compensation rates. Due to difficult economic circumstances, you may see employers canceling their workers’ compensation insurance to save on expenses or not reporting the accident to the workers' compensation carrier.


One of my clients recently experienced this problem. He had a truck accident while at work and his employer told him to submit his medical expenses to the health insurance carrier and simply never mentioned anything about a workers’ compensation claim. Once he retained me as his Lexington truck accident lawyer, I immediately requested the employer to notify the workers' compensation carrier. When the workers' compensation carrier investigated the claim, the employer misrepresented that my client had never indicated he was injured in the work-related accident.

 

If you are involved in an auto accident or truck accident at work, you should ask your employer for the contact information for the workers’ compensation carrier or simply make sure that they file the notice of claim form with the workers' compensation carrier. Request a copy of the notice. If your employer fails to notify your workers' compensation carrier or tells you they do not have workers’ compensation insurance, then you need to contact the Kentucky Auto Accident Attorney and have him file a workers’ compensation claim with the Department of Workers' Claims. There is an uninsured employers fund that will pay your workers’ compensation benefits and then obtain reimbursement from the employer. The employer should also be reported to the state so they are required to maintain workers’ compensation insurance.

As a Lexington personal injury lawyer, I am aware of the significant benefits that workers' compensation benefits can provide for you when you are injured at work. To learn more about the benefits you would receive, please read this article entitled:
" Can you make both a worker’s compensation claim and personal injury claim if you are injured at work while operating a vehicle?"


 

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