Workers’ Compensation in Kentucky

Work compensation in Kentucky (known also as workers’ compensation, workmans compensation, or workmans comp) is a system through which employees injured in work-connected accidents, or who become ill from their work conditions may get lost income and medical treatment for their conditions through their employer’s insurance. For the most part, Kentucky employers are required to carry workers’ comp insurance, although coverage is not required for independent contractors. Claims should be filed with the Kentucky Department of Workers’ Claims.

For some workmans comp claims, legal representation is vital. If your injury is potentially permanent, hard to prove, contested, or if your boss is uncooperative, uninsured, or underinsured, you should be sure to contact a Kentucky work compensation attorney. It is also essential to get in touch with a lawyer if there is a third party or a defective product for which a manufacturer bears responsibility, involved in your case as a separate lawsuit may need to be filed.

Illnesses and Injuries Covered Under Kentucky Workers’ Compensation Law

Accidental Physical Injuries

• When you are involved in an on the job accident, or in an accident related to your job in Kentucky, your injuries are covered. These kinds of accidents may include tripping, falling, or slipping, among others.
• Some on the job injuries are not covered under Kentucky work compensation law. These include an employee’s self-inflicted injuries, or injuries that occur when a worker is intoxicated or under the influence of drugs.

Occupational diseases

• Conditions and diseases that result from a worker’s scope or course of employment. Such illnesses may include carpal tunnel syndrome, asbestosis, or radiation poisoning.

Death

• Monetary death benefits are payable to a deceased employee’s dependent survivors.

The Kentucky Worker’s Comp Claims Process

• Notify Your Boss/File a Report
  • Tell your boss about your disease or injury immediately. If you do not inform your boss of your condition, you could lose your benefits or their disbursement to you may be delayed. Your boss or supervisor must then immediately complete and submit a First Report of Injury (Form IA-1) to the Kentucky Department of Workers’ Claims, but in no event more than three days after you report your injury.
  • Please note that the statute of limitations for workmans comp claims in Kentucky is two years. An employee’s failure to file a claim within two years will result in his being barred from filing a claim, and so, loss of medical benefits, income supplements, and permanent disability benefits.
• Get Medical Help Promptly
  • Your employer is responsible for medical treatment for any work-related injuries you suffered.
• Discuss your claim with a Kentucky work compensation attorney if you require assistance with your claim.

Benefits Received in Kentucky Under the Workers’Compensation Program

A Kentucky worker is eligible for the following benefits in Kentucky if his workers’ comp claim is successful:

• Medical Treatment: An employee’s medical bills for his work-connected injury or illness are covered (physician’s bills, hospital bills, and other medical treatment). The bills are paid directly by your boss’ insurance company to the health care provider.
• Wage Reimbursement: Employers or their insurers must reimburse a worker for lost income for the time he spends traveling to and from injury-related medical appointments.
• Funeral: $7,500 of burial expenses.
• Death:Accidental work injuries that cause an employee’s death make his dependents eligible to recover death benefits.
• Vocational Rehabilitation: Injured employees may apply for vocational rehabilitation. Retraining benefits are available if an employee’s injury makes him physically incapable of returning to his original job.
• Income Benefits: In Kentucky, income replacement benefits include:
  1. Temporary Total Disability Benefits (TTD for short): If a worker is recovering from a work injury or sickness, he may receive income and medical benefits until he recovers from his condition.
     • Amount: The employee will get 2/3 of his weekly wage each week until he recovers. If the worker also gets Social Security disability, the combination of his Social Security and workmans compensation benefits cannot exceed 80% of the worker’s average weekly wage.
  2. Temporary Partial Disability Benefits (or TPD for short): Kentucky law does not provide temporary partial disability benefits (when an employee is injured, and cannot perform his old job duties, but can still do some work).
  3. Permanent Total Disability Benefits (PTD for short): It is permanently completely impossible for the worker to do any work.
     • Amount: 2/3 of the employee’s average weekly wage per week, but in no event more than the state’s average weekly wage.
  4. Permanent Partial Disability Benefits (PPD for short): The employee’s injury is expected to impair his ability to work at his old job for an indefinite period of time, but he retains some capacity to do work.
     • Amount: These payments depend on the employee’s percentage of disability impairment.

Why Hire A Kentucky Workers’ Comp Lawyer?

Failure to prove a hard to prove injury or denial of your workmans comp claim can have a significant impact on your life and the lives of your loved ones. The workers’ compensation claims process can be quite complicated, and it is in your best interest to hire a Kentucky workers’ comp attorney that specializes in filing workers’ comp claims and has experience with the workmans comp system in Kentucky. Such a lawyer can argue your case for you, make sure that deadlines are met, and develop an effective strategy for your case. Most of all, a Kentucky workmans comp attorney can put your mind at ease and give you an outlet for any questions or concerns you may have.

Kentucky Workers’ Compensation

Kentucky laws regarding workmans comp are found in the Kentucky Revised Statutes.

1. Employers Subject To Workers’ Compensation
   • Kentucky Revised Statutes, Chp.342, §11.
2. Covered Employees
   • Kentucky Revised Statutes, Chp.342, §11.
3. Benefits
   • Kentucky Revised Statutes, Chp.342 §§20,40.
4. Claims Procedure
   • Kentucky Revised Statutes, Chp.342, §185, 190, 195.