Updated July 22 2020
What is workers’ compensation? For some, workman’s comp or Kentucky workers comp is a relatively new and unfamiliar concept. Workman’s comp is not something that applies to every single person who works in the state. Freelancers or contract workers don’t benefit from workers’ compensation in Kentucky. But what is workers’ compensation?
For other workers, the answer to “what is workers’ compensation” is important for career safety. Workers’ compensation in Kentucky can help people get back on their feet after they’ve been hurt while on the job. However, workman’s comp has strict guidelines as to who qualifies to receive it. If you feel you qualify for workman’s comp, but didn’t receive it, getting the help of a workman’s comp lawyer like Dyer, Garofalo, Mann, & Schultz is necessary.
But first, it’s important to understand exactly what is workers’ compensation, and how to qualify for workers’ compensation Kentucky.
Getting Kentucky Workers Comp
What is workers’ compensation? Workers’ compensation in Kentucky is a type of insurance. When people ask, what is workers’ compensation, they are really asking about who qualifies to receive this type of insurance.
Workman’s comp is a type of financial support intended for full-time or part-time employees who work for a company. Other less stable or regulated positions, such as volunteer fire department workers, may also qualify for workers’ compensation in Kentucky, but generally, people without more solid employment contracts don’t receive it. The more important qualification is that workman’s comp only applies to people who contract an illness or get injured on the job through no fault of their own.
Sometimes, a person who has a contract may not qualify for Kentucky workers comp when they are injured at work. For example, a worker is disqualified from receiving workman’s comp if they arrive to work drunk and then sustain an injury by mishandling machinery. What is workers’ compensation doing to help this person? Nothing. Since the person was negligent and likely violated the conditions of their employment, the resulting injury is no fault of the employer, and no workman’s comp would be forthcoming.
But what is Kentucky workers comp doing in a situation where a worker, diligently doing a job, is diagnosed with black lung due to working conditions? Workers’ compensation in Kentucky would apply in this case because the worker didn’t do anything wrong but contracted an illness due to the lack of health and safety measures on the job site.
How 2018’s House Bill 2 Has Affected Kentucky Workers’ Comp
What is workers’ compensation doing now that there has been a change in laws? If you weren’t aware, the state government signed House Bill 2 into law on March 30, 2018, and it changed the way workman’s comp worked.
As with most states in the USA, workers’ compensation in Kentucky is provided by different insurance companies. When an employer provides workman’s comp, it’s similar to medical insurance. The employer partners with an insurance company that will provide Kentucky workers comp if an employee is injured.
But with the bill passing, employees are questioning, what is workers’ compensation doing now compared to the past? Workers’ compensation in Kentucky has undergone changes that will affect anyone now applying for workman’s comp. Anyone already under an existing workers’ compensation in Kentucky benefits package will be “grandfathered” in, and their pre-existing benefits remain valid.
So, what is workers’ compensation going forward?
One of the biggest changes to workman’s comp is the institution of a time limit on when certain workers’ compensation support would expire. Previously, if a person qualified for workman’s comp, they could receive it indefinitely. Now, certain types of workman’s comp medical benefits have a cut-off period of 15 years.
What You Should Know About Kentucky Workers Comp
What is workers’ compensation going to be like with this change to the law? Changes to workers’ compensation in Kentucky will apply only to those applying for workman’s comp now. Among the changes to Kentucky workers comp are:
Claim Time Limits
Claims for workers’ compensation in Kentucky can close and be reclaimed. With House Bill 2 changing workman’s comp, there is now a time limit when claims for workers’ compensation in Kentucky can be reopened.
Time Limits on Benefits
There are now more defined limits on just how long workman’s comp can pay out. Under new regulations for workers’ compensation in Kentucky, workman’s comp terminates at the age of 67 or two years after an injury, whichever duration is later.
Restrictions on Benefits
Now, only the most severely injured or the permanently disabled will still qualify for lifetime workers’ compensation Kentucky.
This can cause a lot of confusion for people working under earlier assumptions about workers’ compensation in Kentucky, but talking to an experienced workers’ comp attorney like Dyer, Garofalo, Mann, & Schultz can clear things up.
What Does Kentucky Workers Comp Cover?
So, what is workers’ compensation covering now? You are eligible to receive workman’s comp coverage in situations like:
- Lost Wages
- Medical Treatment
- Vocational Retraining
- Permanent Disability
- Coal Miners With Black Lung
One thing that people should note is that Kentucky workers comp is not guaranteed to be dispensed to an injured worker, even when that worker feels he or she qualifies. The insurance company can deny compensation if they think the proper requirements haven’t been met.
What Does Workers’ Comp Cover?
Coal Miners With Black Lung
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Prior to forming Dyer, Garofalo, Mann & Schultz, Doug worked as a bodily injury claims adjuster for a large insurance company. This unique experience has been a tremendous asset to Doug in his fight to achieve maximum cash settlements for his clients in minimum time. Since departing from the insurance company, Doug has dedicated his entire legal career to helping injured clients when they need it the most.