Last updated on August 2nd, 2023
What happens when a Kentucky employee sustains a job-related injury? Kentucky’s Workers’ Compensation laws require the employer to provide medical treatment, lost wages, and other benefits. You may also be entitled to training for other jobs. These benefits can be temporary or permanent, depending on the severity of your injury.
This area of the law can be complicated. For example, if your injury is a result of your employer’s violation of a safety regulation, your compensation can be increased. Knowing your rights is crucial to getting the benefits you deserve.
Workers’ compensation law is a legal framework designed to provide financial and medical benefits to staff members who suffer injuries or illnesses as a direct result of their jobs. This law demands employers to have workers’ compensation insurance. This way, if you get hurt at work, your costs are covered without having to prove fault or negligence on your employer’s part.
What does it mean to say the workers’ compensation law operates on a no-fault basis? This means that workers are entitled to benefits simply by virtue of having a work-related injury or illness. They will not need to demonstrate that the employer was responsible for the condition. The specific regulations are in Chapter 342 of the Kentucky Revised Statutes (KRS).
Under workers’ compensation law in KY, injured workers can receive various benefits, including coverage for medical expenses for the “cure and relief” of work-related injury/illness. The injured worker is not required to pay any co-payments or deductibles.
Additionally, workers who cannot return to work immediately due to their injury or illness receive compensation for lost wages. In case a work-related injury or illness results in permanent or temporary disability, additional disability benefits may be provided. Should an employee pass away due to an incident at work, their dependents could qualify for death benefits to help cover financial losses.
As seen already, the workers’ compensation laws are key to supporting workers in their recovery. In addition, the law protects employers by limiting their liability and reducing the potential for costly lawsuits arising from workplace injuries. This means the injured worker cannot sue their employer for damages related to the injury but is generally limited to seeking recovery through a workers’ compensation claim.
Nearly all Kentucky employees are covered by the Kentucky Workers’ Compensation Law.
This includes part-time, seasonal, and temporary employees, minors, and state and local government workers. Workers on probation before being formally hired, as well as workers in business with only one employee, are eligible for compensation benefits. In some cases, independent contractors may also be eligible.
Certain workers are excluded from coverage, including agricultural workers, domestic workers, and people who work less than 20 days at another’s home.
Note that other maritime workers, railroad workers, Federal employees, and employees of some Federal contractors are, in most cases, covered by other Federal workers’ compensation laws.
Almost every physical injury that occurs during work is covered by the Kentucky Workers Compensation Law. In addition to the obvious types of injuries, such as losing a finger in a paper machine or suffering a head injury from a falling pallet, this includes injuries that develop over long periods of time because of repetitive motion, such as carpal tunnel syndrome and degenerative disc disease.
Injuries caused by exposure to chemicals, coal dust, or asbestos are also covered. Ongoing care, such as physical therapy or multiple surgeries, may also be covered.
You should give notice to your employer of the injury as soon as possible. The employee generally has the right to choose the medical provider. If the employer has a “managed care” plan for workers’ compensation injuries, the employee must select one of the providers in that plan.
Employers must pay all medical expenses reasonably related to the “cure and relief of the injury.” Medical expenses include doctors’ fees, prescription expenses, hospital bills, nursing treatment, tests (such as x-rays and MRIs), durable medical equipment, braces, travel expenses, and many other items. In Kentucky, work-related medical expenses can be payable for life. The employee is not required to make co-payments or pay deductibles for medical treatment obtained in Kentucky. Medical expenses are required to be paid within 30 days of receipt by the employer.
Under Kentucky law, employees can suffer a temporary partial disability, a temporary total disability, a permanent partial disability, or a permanent total disability.
If you suffer an injury that causes you to take a short period of time off of work, you should qualify for either Temporary Partial or Temporary Total Disability. In Kentucky, this is calculated as either two-thirds of your weekly earnings, or two-thirds of the state’s average weekly wage, whichever is lower. For hourly employees, overtime is considered.
To be entitled to a Permanent Partial Disability (“PPD”) award, you must have a permanent impairment as a result of your injury. In Kentucky, the amount and length of time of Permanent Disability Benefits depend on:
If your injury initially resulted in the award of PPD benefits, you are still entitled to compensation in Kentucky even if you are eventually able to return to work. However, if you are unable to return to the same type of work you were doing previously while making the same amount of money, your PPD award will be tripled.
These awards are typically paid out over a 425-week period, though they may be extended to 520 weeks. These benefits terminate at the age of 70 regardless of how many weeks are remaining.
If your work injury or illness results in consequences so severe that you can no longer keep your old job or get a new one, you will qualify for Permanent Total Disability (PTD). Your PTD compensation is two-thirds of your weekly earnings or two-thirds of Kentucky’s average weekly wage, whichever is lower.
You will receive PTD until the age of 70.
If the insurance company has accepted your claim and is voluntarily paying benefits, you can request payment in a lump sum, which essentially functions as an advance on your benefits. In this situation, your weekly benefits will be added up and then reduced by 1% to bring them to their present value.
The Kentucky workers’ compensation laws system was originally structured to provide prompt and fair compensation to injured workers. But it now often seems to work for the benefit of employers and insurers. Hiring an experienced workers’ compensation lawyer will help you get the compensation you deserve for a workplace injury.
In Kentucky, time is of the essence when applying for workers’ compensation benefits following an injury or illness to your job. Kentucky labor law (KRS 342.185) requires claimants to file the workers’ compensation claim within two years from the date of the injury or the last voluntary payment of benefits, whichever is later. If you miss these deadlines, you could lose your right to get benefits, so it’s super important to act fast.
However, you don’t have to settle your claim within this time frame; you just need to file it. But don’t wait any longer to start your claim—there’s no benefit in delaying. The sooner you start your claim, the better. You’ll get your benefits faster, and it will be easier to gather all the evidence needed to strengthen your case.
A Kentucky workers’ compensation lawyer will ensure the accident report and medical paperwork for your work-related illness or condition are completed and sent to the Kentucky Department of Workers’ Claims (DWC) on time. The DWC will also conduct regular follow-ups to ensure that your workers’ compensation claim is being handled correctly and is not delayed.
Other than filing a claim, there are other important deadlines to be aware of in accordance with Kentucky workers’ comp laws. For instance, you need to report your injury to your employer as soon as possible but no later than 7 days after the work-related incident.
Promptly reporting ensures your employer can guide you to the right medical care and adjust things to avoid future mishaps. Also, quick notification secures your eligibility for workers’ compensation benefits for any injuries or illnesses.
After notifying your employer, obtain written documentation or confirmation of their receipt of your workplace incident notice. This would create a record for your Kentucky workers’ comp claim in case of future disputes over proper notice.
Also, if your workers’ compensation claim has been rejected in Kentucky, you’ve got 30 days from when you get the denial to file an appeal.
To file a workers’ comp claim in Kentucky, follow these steps:
Should the insurance provider deem the claim valid, they will assume responsibility for all expenses associated with the work-related incident. This technically relieves the employer of the financial responsibility.
However, timely filing doesn’t necessarily guarantee a process free from encumbrances. For example, your claim may be denied in Kentucky due to minor issues like insufficient information. An attorney can help gather the right paperwork and statements to rectify these problems. If the denial still stands, your attorney will represent you before an administrative law judge to request an appeal hearing.
Nearly all employers in Kentucky must carry workers’ compensation insurance, with few exceptions such as:
The insurance premiums are covered by the employer and are not deducted from an employee’s paycheck. This guarantees that workers’ compensation benefits are readily available to employees without putting any financial strain on them.
So, if an employee suffers an illness or injury in the course of work, it’s the responsibility of the insurance company to pay for all necessary medical treatment and lost wages. The employee will qualify for workers’ compensation benefits provided their injury does not result from intoxication or drug influence. Workers who breach a safety regulation can still claim workers’ compensation. However, note that the insurer will reduce their benefits by 15%.
While most workers’ compensation claims proceed without issues, approximately 13% of all claims are initially denied due to various issues. Hiring a Kentucky workers’ compensation lawyer can make a significant difference in the claims process and the outcome of your claim.
A workers’ comp attorney can provide assistance in several ways:
Numerous workers’ compensation claims are rejected because of incomplete or incorrect forms. However, did you know you could also risk losing your benefits if you miss deadlines or don’t provide the needed details?
A workers’ compensation attorney in Kentucky will ensure the required paperwork is accurately completed and submitted on a timely basis. They will also gather medical records, accident reports, and other essential documentation to avoid common pitfalls that lead to claim denials.
Workers often don’t fully understand the possible range of benefits. This means if there is no proper guidance, injured workers may accept insufficient settlements.
However, working with a lawyer ensures that you understand your workers’ rights and the benefits available under Kentucky law. Importantly, they’ll ensure you receive all the benefits you’re entitled to, including temporary total disability (TTD), permanent partial disability (PPD), and permanent total disability (PTD) benefits. Lawyers will engage the insurance companies in negotiations, especially for severe injuries like head/brain trauma, amputations, or permanent disabilities.
Insurance companies may deny workers’ compensation claims for various reasons, such as disputes over when the injury occurred.
If they turn down your claim, a lawyer can assist in retracing the injury date and filing an appeal. They will represent you in hearings before administrative law judges and present evidence and arguments to support your case. Their experience with the appeals process increases the likelihood of a favorable outcome.
Some employers might react negatively to employees for filing workers’ compensation claims. The most common retaliatory actions to watch out for by employers include:
Such actions can be intimidating and stressful for injured workers. However, the law prohibits employer retaliation for demanding workers’ compensation benefits.
Should an employer retaliate, a workers’ compensation lawyer can protect your rights by addressing the retaliatory actions taken by your employer. They will file complaints with the Kentucky Department of Workers’ Claims to seek remedies including:
Injury or illness from workplace incidents may cause pain and suffering, as well as financial pressure for medical attention. Additionally, handling the legal aspect of a workers’ compensation claim can be overwhelming.
Luckily, the workers’ compensation lawyers at Dyer, Garofalo, Mann & Schultz have been helping workers obtain legal protections for workplace-related injuries. We will therefore handle the legal aspects of your case so you can focus on your recovery.
Let us take the lead in communicating and negotiating with the insurance company for you, attending hearings, and keeping you informed about the progress of your case. We want to significantly reduce your stress and enhance your well-being during these challenging times.
Call us now at 1.937.222.2222 or contact us online for a free consultation today.
The team did a superb job of keeping me in the loop in regards to my claim. Brittany did an amazing job as my paralegal, following up with me as soon as she had news on my case. I truly can’t thank the Dyer, Garofalo, Mann & Schultz firm enough. If you are looking for legal representation that will truly fight for you, these are the guys to go with!
This was my first time having to deal with anything legal, they did a very good job, they helped me through the whole process start to finish. Kept me up to date with everything as time went and also didn’t make me feel dumb over a couple very “dumb” questions. Definitely the people I’ll come back to if needed again!
I went into this entire situation not knowing what to expect. Sierra and David are wonderful. Very professional and always answered any questions I had. I hope to never need their services again but if I do, I know the firm I am going to call.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 1.937.222.2222
