Attorney Michael P.

Sullivan has practiced injury and disability

law since 1990. Michael has been a presenter of local seminars
on disability law, was past Section Chair for the Social Security
Section of the local bar association, and regularly attends national
training seminars in disability law. Michael is a published author
and has appeared on television speaking on injury and disability
topics. He has an active practice and still personally attends
hearings with his clients. His years of disability experience have
given him an in depth knowledge of a host of medical issues, as
well as being adept at administrative law.
Michael P. Sullivan is a licensed attorney who practices law
in Kentucky for Sullivan Law Ofce. The main ofce is in the
Louisville, Kentucky area, although they service the Louisville,
Lexington and Southern Indiana area, as well as many
surrounding counties.
If you are injured on the job, your life can change in an instant. You may ask
yourself: What are my rights? What can I do? What doctor do I see? Where do I
go from here? Who do I tell about this injury?
If youve been injured on the job in Kentucky, there are some basic steps
you must take to protect your rights. THE ULTIMATE GUIDE FOR INJURED
WORKERS: 10 COMMON MISTAKES TO AVOID explains how Workers
Compensation works in Kentucky and outlines 10 mistakes that can really
cost you. From failing to notify your employer to losing the option to reopen
your case, THE ULTIMATE GUIDE FOR INJURED WORKERS will give you the
information you need to move forward with your Workers Compensation claim.
MICHAEL P. SULLIVAN
THIS IS AN ADVERTISEMENT
Kentucky does not certify legal specialties. Others in rm may perform some services. Main ofce - Louisville, KY
THIS IS AN ADVERTISEMENT
Kentucky does not certify legal specialties. Others in rm may perform some services. Main ofce - Louisville, KY
~ Michael P. Sullivan
I wrote this book because I wanted to get information
directly to injured workers. I feel that if you are better
informed, you can make better decisions. Better decisions
can lead to a better result for you; its that simple.

The Ultimate Guide for Injured Workers:
10 Common Mistakes to Avoid





By

Michael Sullivan, Attorney
BSEE, MSEE, JD


THIS IS AN ADVERSTISEMENT
Kentucky does not certify legal specialties
Others in the firm may perform some services
Main office: Louisville, KY















Published by vitalink Publishing House, a division of
vitalink, 4900 Falls of Neuse Rd., Suite 115, Raleigh, NC,
27609. Contact the publisher at info@vitalinkweb.com for
more information.

THE ULTIMATE GUIDE FOR INJURED WORKERS: 10 COMMON MISTAKES
TO AVOID
Author: Michael P. Sullivan
Sullivan Law Office
1500 Story Avenue
Louisville, KY 40206
(502) 587-0228
(888) 587-0228


Michael Sullivan is an attorney licensed to practice in
Kentucky. Kentucky does not certify specialties of legal
practice.

All rights reserved. No part of this book may be
reproduced or transmitted in any form or by any means,
electronic or mechanical, including photocopying,
recording or by information storage and retrieval system
without written permission from the author, except for the
inclusion of brief quotations in a review.

Copyright 2012 by Michael P. Sullivan



ISBN 978-0-9847642-5-9

THIS IS AN ADVERSTISEMENT
Kentucky does not certify legal specialties
Others in the firm may perform some services
Main office: Louisville, KY
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Introduction
My name is Mike Sullivan and I am an attorney at the
Sullivan Law Office in Kentucky. Our practice is focused
on injury and disability claims. My goal in providing this
book is to give injured Kentucky workers the information
they need to protect their rights. The book is intended to
answer many of your questions related to the Workers
Compensation process and explain some of the common
mistakes that others have made in the hopes that you
will avoid these pitfalls.

You may ask, Whats the catch? There isnt one. I have
advocated on behalf of the injured and disabled for many
years now, and understand how stressful these situations
can be. I am offering this book to injured workers for free
because I truly believe that knowing how the process
works will relieve some of your stress and allow you to
deal more effectively with the challenges you may face.

The old saying that knowledge is power is true. I am
certain you have a lot of questions. This book will
probably answer many of them. This helps me, as well.
How? If you decide to schedule a free, no-pressure
consultation with our firm, we will be able to get right
down to discussing your specific situation and solutions
instead of answering basic questions that I cover in this
book. We start our meeting ahead of the game.
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Important Disclaimer
I am not allowed to give legal advice in this book!
The Kentucky Bar does not permit me to give legal advice in
this book. While I have significant experience in handling
Workers Compensation cases in Kentucky, each situation is
different. I can provide you with basic information about
Workers Comp cases and offer suggestions on ways to
identify potential problems, but please do not take anything
you read as legal advice unless I have met with you to discuss
your specific case, you have decided to hire me, and I have
agreed in writing to accept your case.
If you have already hired another attorney to handle your
case, please read this:
If you have previously hired an attorney to represent you in
this matter, we need to know this. We normally do not take
cases away from other attorneys after they have begun to
work them. If you have a specific issue with the attorney
handling your case, we recommend that you sit down with
him or her and discuss your concerns. In many cases,
problems that arise are due to miscommunication and can be
cleared up with an honest and open conversation. If you both
agree that the relationship is not working out and you would
be better off with another attorney, we would be happy to
speak with you.

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Injured on the Job? What Now?
The majority of employers in Kentucky are required to
carry Workers Compensation insurance. This insurance
is intended to cover medical expenses and lost wages for
employees who are injured on the job. The entire
process is outlined by state statute and specific rules and
requirements must be followed by all parties.
If youve been injured on the
job somewhere in Kentucky,
there are some basic steps you
must take. First, let your
employer know as soon as you
are able, and then seek
medical treatment promptly.
(If the injury is life-
threatening, get to the
emergency room and notify
your employer as soon as
possible afterward.) Letting
too much time go by without doing either of those things
may put your health and welfare at risk, and may have an
adverse impact on your claim down the road.
Because of this risk, it is good to arm yourself with the
necessary information that will help your case to go
smoothly, such as which doctors may treat your injury
Occupational Illness

While most people
think about Workers
Comp as being for
those who are injured
in on-the job accidents,
workers with
occupational illnesses
are also covered. The
most common
occupational illness in
Kentucky is Black Lung.
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and what to do if you want to change doctors. There are
necessary forms to fill out and rules that need to be
followed throughout your claim.

In general, a typical pattern is that you get hurt on the
job, and you report it. You then get medical care, and as
that care progresses, you get better. You eventually heal
and then get on with your life. Maybe you talk to a
lawyer to see if you have a case.

Unfortunately, this process does not always go smoothly.
Often times, medical treatment is denied which then
requires an appeal (or appeals) that will need to be filed
in a timely manner. Any misstep on behalf of the
insurance company or by the injured worker may result
in delayed or even denied benefits. The best way to
avoid this from happening is to stay informed and keep
the insurance carrier informed.
Getting Medical Care
Your health should be your first priority. If your injury is
severe, go to the emergency room for treatment. Notify
your employer as soon as possible afterward of your
work injury. For non-life threatening injuries, you may
choose your own doctor, unless your employer has a
managed care plan. When you report your injury, your
employer should tell you if they have a managed care
plan. In these cases, the employer will give you a list of
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doctors that you may choose from. Kentucky statute
allows you to change doctors once during treatment
without explanation.
When you meet with the doctor, make certain he or she
knows that you are being treated for a Workers Comp
claim and ask the doctor to provide ongoing updates to
the insurance company and your employer. This will help
ensure there are not interruptions in your benefits.
Wage Replacement
Kentucky Workers Comp law covers your medical
expenses from your work injury as well as a portion of
your lost wages. The calculations for the benefit amount
are outlined by statute. You will not be paid for the first 7
days you miss from your injury, unless you miss a total of
more than 14 days. At that point, you would receive
benefits for the first 7 days you were out of work.
Lets break this down. While you are being treated for
the work injury and out of work (if all goes well during
this time of ongoing medical treatment) you will usually
be paid a form of wage replacement, called Temporary
Total Disability Benefits (TTD). Insurance Carriers usually
pay this money directly to you while you go through the
prescribed treatment plan and are healing. How much
you get is based in part on something called your
Average Weekly Wage (AWW). The AWW is calculated
from your reported earnings, sometimes over the year
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before the injury, and sometimes the higher earnings
weeks are pulled from the quarters preceding the injury
to calculate the AWW. It can actually get complicated.

In general, the weekly benefit payment will be 2/3 of
your AWW, but no more than the Average Weekly Wage
maximum published by the state. The maximum weekly
benefit allowed by the state for 2012 is $736.19; the
minimum weekly benefit in 2012 is $147.24. These
numbers are adjusted annually.

For employees who are paid on commission or have
income that varies significantly from month-to-month or
quarter to quarter, the AWW mathematics can get
confusing. If this is the case, you may wish to consult
with an attorney sooner rather than later.

MMI & Impairment Ratings
Eventually, with treatment and time, you heal from the
injury (or heal as much as you are going to given the
nature of the injury). If you heal completely and are able
to return to work with the doctors release, benefits will
stop and life will go on as before. If, however, you do not
fully recover and are either partially or totally disabled,
benefits will usually still stop as soon as your doctor has
released you from his/her regular care, with the
understanding that you will not improve further (at this
point you are said to have reached Maximum Medical
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Improvement or MMI). You may or may not be able to
return to work, and you dont have benefits coming in
anymore. You risk running out of money. Now things can
really get fun.

Once you reach MMI (and not everyone involved will
always agree as to when you reach MMI), you MAY be
assigned an impairment rating. The idea of an
impairment rating is to rate the degree of permanent
impairment to your body as whole caused by the work
injury. In Kentucky, a doctor will generally use a book
called The AMA Guides to arrive at an impairment rating.
The regulations even go so far as to state what edition of
the Guides is to be used!

Your rating is a percentage, and in theory, is a number
between 1 and 100. Some injuries are minor and heal
with no real residuals; in this case, you will not usually
get a rating as you have 0% impairment. Some injuries
are really severe and the ratings are rather high; at this
point, the worker is pretty much totally disabled. Note:
the insurance company is not obligated to pay for and
secure a rating, but it is nearly impossible to fairly settle
or resolve your case without one.

Getting a Settlement
At any rate, lets say you have healed, reached MMI, and
managed to get a valid impairment rating. Now it is time
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to talk settlement. This is a crucial time in your case.
You may be entitled to future and/or past monetary
benefits. You may be entitled to a lump sum or periodic
award for a permanent injury. This is also the time to
protect your future medical treatment, the right to
reopen your case for future medical, and discuss any
potential monetary benefits and vocational rehabilitation
(if necessary).

Settlements can get tricky. Lets just assume everyone
somehow agrees on the impairment rating, to protect
your future rights, and to calculate an award for you
based on your AWW and assigned impairment rating.

But wait, we havent talked about possible multipliers for
your award (i.e., if we all agree you cant go back to your
past work), and what about the GRID factor to be applied
to the rating? Perhaps you have some type of pre-
existing permanent impairment affecting the same area
of your body from this work injury. Now the carrier
wants to alter the settlement to reflect this fact. Hey
should this settlement award be calculated over 425
weeks or 520 weeks? Is there a discount factor to be
applied? Does this sound confusing? It gets better!
Lets continue to assume for some reason it is all going
really well, and we can agree on all the essential terms.
Nobody argues about the medical treatment you have
had to date, all your prescriptions have been covered,
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and all medical bills have been paid in a timely fashion. In
fact, lets assume nobody has issues with your future
medical benefits, and we are all eager to just get this
matter concluded.

So what next? Now we drop all the appropriate numbers
into the formula set out to adjudicate Kentucky claims.
Eventually a number drops out of this formula, and that
is your award for a permanent impairment. You might
receive the settlement as a lump sum, or it may be paid
out over a number of years. We draw all this up using the
special Form 110, and everybody signs. We then send it
to Frankfort for approval. Hopefully, all is well, your
future benefit rights are intact, and you now move on
with your life.

Attorney Fees
But wait, we still have to disburse the money (especially
if you get some type of lump sum). If you used an
attorney, he or she is usually entitled to a fee. Attorney
Fees are governed by statute in Kentucky and must be
approved by the Dept. of Worker Claims (usually by an
ALJ). At my office, we always have a written fee contract
to employ us so there are no surprises, and our fees are
always contingent upon winning. This means if we dont
win your case in some fashion, you dont pay us an
attorney fee.

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The fee structure is set up by statute in Kentucky. It is the
same for all attorneys: 20% of the first $25,000.00; 15%
of the next $10,000.00; and 5% of the remainder.
Currently, we are fee capped at $12,000 by statute.

Sometimes there are costs associated with the pursuit
of a case, and these costs are generally advanced by the
attorney. Once the case is successfully concluded, these
costs are recovered in addition to the attorney fee.
Please note the following which must be disclosed
under Kentucky rules: COURT COSTS AND CASE
EXPENSES WILL BE THE RESPONSIBILITY OF THE CLIENT.
This is the general rule for my office insofar as Workers
Compensation cases are concerned. Like any general
rule, there is a limited exception wherein we waive any
costs:

If we do not recover anything at all for you (e.g.
the case is lost), it is our longstanding office
policy to simply write off any costs we
advanced in your case. Under these limited
circumstances we will NOT bill you, we do NOT
expect any reimbursement, and you will not
owe us these case costs. Our contracts reflect
this policy, and it is part of the employment
agreement.

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Getting back to the narrative: eventually you get your
award, your attorney gets paid, and life goes on
smoothly. If only it were that simple!

The reality is that some cases will go from start to finish
without a hitch. But just as surely as there are smooth
cases, there are cases that are nothing if not a bumpy
ride. Getting you from the day of injury to the payment
of settlement benefits is as much art as science. A good
attorney can help you navigate the pitfalls, and maximize
your recovery.

The remainder of this book illustrates some of the more
common pitfalls in these cases. Remember, we never
charge to initially talk to you about your case. You can
call anytime with questions, and we hope you do.