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What Are the Different Types of Workers’ Compensation Claims?

July 29, 2021

When you get injured on the job in Kentucky or Indiana, covering the costs of your injury usually involves filing a claim for workers’ compensation benefits. Both of these states have workers’ compensation laws that apply to the vast majority of employers and employees. If you don’t qualify for benefits under your state’s workers’ compensation law, then you may be eligible for benefits under a federal workers’ compensation program.

While most people have a general idea of what it means to file for workers’ compensation, there are actually several different types of workers’ compensation claims. If you need to seek benefits, you need to make sure you know which claim (or claims) to file.

The experienced workers’ compensation lawyers at the Karl Truman Law Office have been fighting on behalf of injured workers in Kentucky and Indiana for many years. We are committed to helping our clients obtain the full benefits they need and deserve to move forward.

Types of Workers Compensation Claims

Types of workers’ compensation claims vary under state and federal law. Under Kentucky’s and Indiana’s workers’ compensation laws, the primary types of claims are:

  • Medical benefits claim: If you qualify for workers’ compensation, you can file a medical benefits claim any time you get injured on the job. You do not have to miss work for any period of time. Your claim for medical benefits can (and should) include all costs of diagnosis and treatment, including hospital bills, doctor’s bills, and costs for prescriptions and medical equipment. 
  • Disability benefits claim: If you miss time from work as a result of your injury, you may qualify to file a claim for disability benefits. Disability benefits provide partial coverage for your lost wages. There are four types of disability benefit claims (temporary total disability, temporary partial disability, permanent total disability, and permanent partial disability), and you will need to file the right type of claim in order to avoid a denial. 
  • Rehabilitation benefits claim: If you need help getting back to work, you may also be able to file a claim for rehabilitation benefits. These benefits cover the cost of training, career counseling, and reemployment assistance when a job-related injury causes a partial disability. 
  • Death benefits claim: Death benefits are available to eligible family members who lose loved ones to job-related injuries. By filing a death benefits claim, family members can recover compensation for the loss of their loved one’s income and their funeral and burial expenses. 

If you qualify for workers’ compensation benefits under federal law, the type of claim (or types of claims) you need to file will depend on the specific law that protects you. For example, the Jones Act is a federal law that provides access to benefits for workers who qualify as “seamen”. Under the Jones Act, potential claims include:

  • Maintenance and cure: Maintenance and cure benefits are available on a “no fault” basis, similar to workers’ compensation benefits under state law. However, maintenance and cure benefits are typically much less than state workers’ compensation benefits, so injured seamen will often need to pursue other claims as well.  
  • Jones Act negligence: While state workers’ compensation laws generally prevent employees from suing their employers, seamen have the right to sue their employers for negligence under the Jones Act. If you have a Jones Act negligence claim, you can seek full compensation for the financial and non-financial costs of your job-related injury. 
  • Unseaworthiness: Injured seamen can also file claims under the Jones Act for unseaworthiness. If a vessel is considered unseaworthy, the vessel owner can be held liable for workers’ injuries. 

There are other possibilities under other federal laws as well. For example, the Longshore and Harbor Workers’ Compensation Act (LHWCA), Energy Employees Occupational Illness Compensation Program Act (EEOICPA), Black Lung Benefits Act (BLBA), and Federal Employees’ Compensation Act (FECA) all provide different types of workers’ compensation benefits to qualifying employees. 

Which Is the Right Workers’ Compensation Claim for Me?

Given that there are so many options, how do you make sure you file the right workers’ compensation claim? Ultimately, regardless of the benefits you are entitled to receive, the best way to protect your legal rights is to consult with an experienced workers’ compensation attorney. An experienced attorney will be able to file all available claims on your behalf and fight to make sure you receive the full benefits you deserve. 

Talk to a Workers’ Compensation Lawyer in Kentucky or Indiana for Free

If you were injured on the job in Kentucky or Indiana, contact the Karl Truman Law Office today for a free, no-obligation consultation with an experienced workers’ compensation lawyer. Call our office in Louisville, Kentucky, at (502) 222-2222 or in Jeffersonville, Indiana, at (812) 282-8500.