Truck drivers who are injured at work need to make special inquiries about Worker's Compensation coverage. In Kentucky, a driver injured in the State is covered by Kentucky Worker's Compensation. However, sometimes the truck driver’s employer pays workers’ compensation benefits under another state’s law. It may be better to bring the claim in Kentucky, depending on which state’s law provides better benefits, or coverage. The jurisdiction of more than one state’s Worker's Compensation law can apply to the same injury. It is best to compare advantages and disadvantages of applying for his compensation in one state or another if more than one worker's Compensation law can apply.
When a truck driver is injured outside of the state while working for a Kentucky trucking company, there may be questions about whether the law of Kentucky is Worker's Compensation covers the driver or not. Kentucky can have “extraterritorial” jurisdiction, or, the right to award compensation benefits under Kentucky law, even though the injury did not happen in Kentucky, if the employer has a terminal in Kentucky and the employee works from the terminal. However, simply being a Kentucky resident does not confer jurisdiction of Kentucky law over the truck driver's injuries, if the injury does not happen in Kentucky.
The kinds of injuries the truck drivers have can give rise to claims for third-party negligence, such as trucking accidents or liability by a terminal worker or loading and unloading facility who negligently injured the driver. I have many years of experience in advising and representing truck drivers injured on the job in Kentucky, or while in another state while working from a Kentucky terminal. I can represent injured workers living in different states who have Kentucky claims, by using overnight mail, e-mail, and telephone communication. Call for a free consultation regarding your injury and whether you need representation in a Kentucky workers’ compensation claim, trucking accident negligence claim, or disability claim.
School teachers have a unique set of rights under Kentucky Law and under union contract, if they are represented by a Union like the Jefferson County Teachers’ association (JCTA). KRS Chapter 161 governs the rights and responsibilities of teachers. Among other things, it guarantees an appeal in teacher certification actions, the right to be free from abuse, and it establishes the Kentucky Teachers’ Retirement System.
If a teacher is injured on the job, he or she is entitled to medical treatment, two-thirds of average weekly wage while off of work for recuperation and medications for treatment of the work-related injury under the Workers’ Compensation Act. He or she can also bring a workers’ compensation claim for permanent disability after an injury if surgery was necessary and if permanent impairment results. If an injury was a result of a student assault, the teacher is entitled to full pay, for up to a year. This is called “assault pay” and is provided under state law and also under union contract where one is applicable.
If a teacher becomes disabled, he or she may be entitled to disability retirement under the Kentucky Disability Retirement System. If a teacher has not paid into Social Security within the past 5 years, however, Social Security Disability is not available. There may be other options when a teacher has been injured on the job, for instance, if the teacher was struck by a car, or if the injury was caused by a negligent driver while the teacher was traveling in the course of his or her employment.
My law firm works with the Jefferson County Teachers’ Association, and I am familiar with the JCTA contract and state law providing for disability retirement. I have represented many teachers in their claims for disability, and each situation is unique. Contact me today for free guidance on understanding your rights.