{"version":1,"type":"rich","provider_name":"Libsyn","provider_url":"https:\/\/www.libsyn.com","height":90,"width":600,"title":"More About When Car Wrecks Involve a Workers\u2019 Compensation Claim","description":"Episode 8:  In Part 2 of this conversation, Louisville automobile accident attorney Jim Desmond continues his discussion with Louisville workers\u2019 compensation attorney Scott Scheynost.  There are more options if a workers\u2019 compensation is involved in your automobile accident claim.  Rather than simply having to rely on the at-fault drivers\u2019 insurance policy (and potentially your own UM\/UIM coverage), Kentucky\u2019s workers\u2019 comp system provides more benefits. What if a Work-Related Accident Results in Death? Jim and Scott describe a previous case involving a work-related fatality.  Workers\u2019 compensation benefits are often tied to the amount of money you were earning, prior to the accident.  However, under the current workers\u2019 comp system, there\u2019s a significant lump sum death benefit amount that\u2019s paid directly to the deceased worker\u2019s estate.  The current amount is approximately $85,000.  This amount is not related to your earnings. Your dependents may also be able to receive benefits, based on the amount of money you were making. How Do Workers\u2019 Comp Attorney\u2019s Fees Differ from Personal Injury Attorney\u2019s Fees? While a typical personal injury lawyer may charge a 1\/3 fee (33%) or more of any financial award in an automobile case, under Kentucky\u2019s workers\u2019 compensation law, workers\u2019 comp lawyer fees are limited to 20%, up to a maximum of $18,000.  Can worker\u2019s comp benefits be disputed? There may be a valid argument that an employee may have decided to deviate from his\/her work-related travel.  Generally, minor deviations during the day may still be covered.  For instance, stopping off at a restaurant for lunch, pulling into a rest area to use the restroom.  It really depends on how far the driver went for a non-work-related activity. If the workers\u2019 compensation is successful in arguing the employee made enough of a deviation that the accident is not covered, the employee still has the option of pursuing a normal automobile accident claim.  Remember, if it is work-related, the claim will be handled as a workers\u2019 compensation claim.  That system is considered \u201cprimary.\u201d Are Independent Contractors Covered by the Employer if They\u2019re in an Accident? The employer\u2019s control over the laborer or independent contractor, may legally require the employer\u2019s workers\u2019 compensation coverage to pay benefits.  The more say a company has in the activities, tools, etc., the higher the amount of control over the activities of that individual.  In this case, the law may actually consider the independent contractor to be eligible for workers\u2019 comp.  If the employer doesn\u2019t have workers\u2019 compensation coverage, the government has a fund to cover these situations, if someone qualifies.  This is the Kentucky Uninsured Employers Fund. A personal injury attorney can handle the property damage and a claim for pain and suffering.  The workers\u2019 compensation attorney will handle the medical expenses claim.  There\u2019s also a possibility that both can use a permanent impairment as part of the multiple claims.  If your attorneys can work together, you may have multiple options for recovering compensation for the issues related to the collision. Can Company Executives File for Benefits if Injured Traveling for Business? For more highly-compensated employees (e.g. managers or executives) who are injured while traveling for business, their medical expenses could be covered, but there is still a limit on the Temporary Total Disability (TTD) payments, because they are capped at 2\/3 or your average weekly income.  There\u2019s also a cap on the dollar amount of your TTD (currently it\u2019s approximately $900). If the individual is traveling outside of Kentucky, Kentucky workers\u2019 comp coverage should still apply, in addition to potential automobile accident coverage (e.g. UM\/UIM), if they were driving.  It\u2019s also possible that local coverage may apply, enabling the individual to choose which system to use. For more information about Louisville Personal Injury Attorney Jim Desmond, visit www.AttorneyDesmond.com. For more information about Louisville Worker\u2019s Compensation Attorney Scott Scheynost, visit http:\/\/www.scheynostlaw.com\/. Important Disclaimers: The information provided on this podcast is for general informational purposes only.  It should not be construed as legal advice and does not constitute an attorney-client relationship.  You should seek the advice of an attorney for guidance related to your specific situation.  I am only licensed in Kentucky and Indiana, so the general advice provided may not apply outside of those states. This podcast maybe freely shared, but may not be the modified or edited in any way.  This is an attorney advertisement.   Principal office is located in Louisville, KY.  Co-host Jim Ray is a non-attorney spokesperson.  ","author_name":"Kentucky Auto Accident podcast","author_url":"http:\/\/kentuckyautoaccidentpodcast.libsyn.com\/website","html":"