Lexington Permanent Disability Lawyer
If you’ve been in an accident that’s resulted in a permanent disability, you may be concerned about your future. You may be unable to return to your previous place of employment. Additionally, you’re likely facing astronomical medical bills. Trying to navigate insurance policies and disability benefits can be a challenge when you’re learning to adapt to your injuries. Our Lexington permanent disability lawyer can handle those complicated matters for you and work to ensure you receive the compensation you need to move forward comfortably.
The Law Office of Todd W. Burris has been protecting the citizens of Kentucky for years. We’re here to provide legal counsel and represent your rights no matter what. We have experience in dealing with insurance companies and have been successful in getting our clients favorable results with their claims.
Defining a Permanent Disability in Kentucky
In order to understand how the state defines a permanent disability, it’s important to note that they separate disabilities into two categories: temporary and permanent. The differences revolve around how long the condition is expected to last.
A temporary disability will affect a person for a short amount of time. This typically means days, weeks, months, or even a couple of years. But the victim will eventually recover from the disabling condition. Many of these conditions prohibit the person from participating in daily activities. They may need assistance with hygiene, moving, working, and more.
A permanent disability, which is sometimes referred to as a long-term disability, is an illness, injury, or condition that causes the permanent impairment of routine activities. The person may no longer be able to work. A full recovery is not expected. Instead, the goal is to reach maximum medical improvement. It’s likely the person will live with the disability for the rest of their life.
Taking it one step further, permanent disability is also separated into two categories: total and partial. Permanent total disability means the person is completely unable to work in the capacity for which they were trained. Permanent partial disability is more common. It means that the person is still able to function at work, but not to full capacity.
Doctors will conduct tests to determine the level of impairment. Based on the test results, they’ll use the state-established guidelines to determine the degree of disability. The percentage of disability impact the compensation a person receives when they file a claim.
Accidents that Lead to Permanent Disabilities
Some of the most common permanent disabilities include traumatic brain injuries, amputations, and spinal cord injuries. Traumatic brain injuries can impact a person physically or cognitively, depending on which part of the brain is injured. If a person loses a limb or other body part, recovery can be lengthy, and that person will need to relearn how to do everyday tasks. When a person sustains a spinal cord injury, they could experience some form of paralysis. The most common accidents that cause these injuries include:
- Car Accidents. The most catastrophic car accidents occur at high speeds. When a driver is speeding, they have less control over their car. The impact will be more forceful the faster a driver is going.
- Motorcycle Wrecks. Motorcyclists are at risk for permanent injuries in the event of a collision because of the lack of protection their vehicles give them. Even with a helmet and protective clothing, the rider is still likely to be thrown from their bike and make contact with the ground at high speeds. Without a helmet, the accident is more likely to be fatal.
- Truck Crashes. When a smaller passenger vehicle is struck by a tractor-trailer or other large commercial vehicle, the injuries can be catastrophic. Often times, the driver and passengers in the car sustain serious injuries – some of which can become permanent. This is because of the drastic size difference between vehicles.
- Defective Products. Companies have a responsibility to ensure the products they release to consumers are safe. When, for example, an automotive company fails to test new brakes going into their vehicles properly, a person could be seriously injured to no fault of their own.
- Medical Malpractice. Doctors are supposed to provide patients with a certain standard of care. When that obligation is neglected, especially during a serious medical procedure, the consequences can be life-altering.
No matter what type of accident resulted in your injuries, you should have to worry about the consequences. Your lawyer will work to ensure you receive the compensation you need to recovery physically, emotionally, and financially.
The Americans with Disabilities Act
Those living with disabilities have rights that apply to matters of employment and accommodations from the government. The Americans with Disabilities Act (ADA) establishes the standards for how that works.
The Americans with Disabilities Act protects the hiring and firing and job training for those living with disabilities. In regard to hiring and firing, an employer cannot ask about disability on job applications or during an interview. While they can ask if the person will need accommodations to complete the job, the accommodations must be reasonable. The employer cannot decide to hire someone else because you require accommodations.
For training, employers need to provide employees with accommodations when they request them, and employees can declare their disability anytime. The ADA also covers aspects of employment like raises, promotions, insurance, and other benefits.
The state and local governments must also comply with the ADA. Their services, programs, and activities need to provide accommodations when someone with a disability makes a reasonable request.
The ADA aims to prevent discrimination based on disability, but this doesn’t mean it stops it from happening each time. If there has been a situation where you believe you’ve been discriminated against because of your disability, you can contact the U.S. Equal Employment Opportunity Commission (EEOC) and the Kentucky Human Rights Commission.
If you have questions about your rights in regard to the ADA, your lawyer will be able to explain them to you.
What Do You Need to Prove Your Disability Claim?
Your disability claim should have the following components. Your lawyer will help you gather these necessary items.
- Medical Documentation. Gather any evidence of the injury. This includes medical records like X-rays, tests, or treatments and medication that were recommended. Your lawyer may also look into the scene of the accident and take photographs.
- Negligence of Responsible Party. You will need to show how the other party acted negligently against you.
- Connect Your Injury to Negligence. Show that your injuries and the damages that you’ve suffered are a direct result of the other party’s negligence. Then you can start to move forward with your claim.
It’s possible that you will need to undergo another physical examination or provide additional information to further provide evidence of your disability. If you have any questions, do not hesitate to get in touch with our permanent disability lawyers. We’ll be able to guide you throughout this process and make sure you take all the steps necessary to make your claim successful and avoid the ones that could possibly jeopardize it.
What Are the Benefits of a Disability Claim?
The injuries that led to your disability may have caused you to incur hospital bills, and you know you’ll have future medical costs to aid with recovery or to help you live your daily life with this disability.
These costs can be a heavy financial burden, especially if you’re unable to work for a while or not able to go back to work at all. But your disability claim can help you with these financial situations and provide relief from financial stress.
Your permanent disability lawyer in Lexington will do everything possible to get you the benefits you need. In Kentucky, according to the Cabinet for Health and Family Services (CHFS), there are different types of benefits people with disabilities can claim through Social Security, which include Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), and Medicaid.
SSDI provides people with medical and monetary benefits who are found to be disabled and meet the non-disability requirements regarding contributing to the Social Security Trust Fund, which is done through taxing earnings. SSI is similar to SSDI in that it provides monetary and medical compensation to those who are disabled. But SSI includes children and people who are blind. Medicaid is a type of health insurance provided to people with disabilities. Certain financial requirements must be met.
Get the Help You Need Today
The Law Office of Todd W. Burris understands how complex disability claims can be and we also know that you may be depending on this claim to be approved. An insurance company may look for any reason to reject your claim, but that’s where we come in.
Protecting your rights and securing your benefits all starts with contacting our offices and scheduling a free consultation today with a Lexington permanent disability lawyer. No matter what the cause, we’ll stand up to insurance companies on your behalf. We’ll carefully examine your case and gather the evidence required to show that your disability qualifies you for the compensation you deserve.