If you have just started a new job, you may not yet understand the full range of benefits your employer provides. But in Kentucky, one thing you can generally count on is that you are covered by workers’ compensation insurance. Most employers in Kentucky are required to provide workers’ compensation benefits for full and part-time employees.
Even if you are injured on the first day of work, your employer’s workers’ compensation insurance coverage extends to you. Anyone who is injured on the job and told they are not eligible for benefits should speak to a workers’ compensation lawyer as soon as possible.
An experienced workers’ compensation lawyer at Morgan, Collins, Yeast & Salyer in Lexington, KY, can help you obtain all of the workers’ compensation benefits you qualify for after a workplace injury. We know KY workers’ comp rules and regulations, and we know how some employers and insurers attempt to avoid their obligations. Contact us today to set up your free consultation.
Who Qualifies for Workers’ Compensation in Kentucky?
Kentucky law requires most businesses with one or more employees to provide workers’ compensation insurance coverage to their employees. This is a group coverage plan. Anyone who joins the group by being employed is automatically covered. Every employer in Kentucky must display proof of workers’ comp coverage at their office.
Under Kentucky workers’ comp laws, certain employees are exempt from coverage, including:
- Anyone employed in agriculture
- Domestic workers employed in a private home with fewer than two regularly employed workers
- Anyone employed temporarily as a handyman to do remodeling, maintenance, repair, or similar work in a home
- Members of a religious sect or organization that opposes insurance benefits
- Any person working in return for aid or sustenance for a religious or charitable organization
Employees can voluntarily reject workers’ compensation coverage by filing a Form 4 Waiver with the Department of Workers’ Claims. But Kentucky law prohibits employers from using Form 4 Waivers as a condition of employment.
Workers’ compensation is a no-fault insurance system. Individuals who are covered do not have to show that someone else was at fault to obtain benefits. An employee who is injured while on the job and is out of work for seven days qualifies for workers’ compensation benefits. You have a right to benefits, even when you get hurt on the first day at work.
Employers are responsible for paying workers’ compensation benefits, usually through insurance companies.
Workers’ comp insurance typically provides payments for:
- Medical costs
- Partial replacement of wages
- Return-to-work services, i.e., rehab, training/education
Workers’ comp insurance also provides specific scheduled benefits for disabling injuries and death benefits to a deceased worker’s immediate family.
What If I’m Injured On My First Day Of Work?
Any time an employee is injured while on the job, the injured worker should report the accident to their supervisor. The company may have a formal process for reporting on-the-job accidents and injuries. An injured employee should follow company policies for reporting an accident and/or injury as closely as possible.
If there is no formal process, be sure to follow up reporting your accident verbally by making a written report. This may be an email to your supervisor with your name, date, time, and what happened to you. This documents the fact that you were hurt and reported it.
You also need to see a doctor right away if you have been injured while on the job. Ask the doctor for a note if he or she says you need to stay home and give it to your employer. Keep a copy of it and all other documents related to your injury.
Your rights when you get injured on the first day at work
Filing a workers’ comp claim requires the injured employee to complete and submit an Application for Resolution of a Claim. Your employer may do this but has no legal obligation to do so. The Kentucky Labor Cabinet says on its workers’ compensation web page for injured workers, “Due to the complexity of the claims process, most injured workers hire an attorney to file a workers’ compensation claim for them.” A knowledgeable attorney can guide you through the claims process.
If your claim is approved, workers’ comp insurance should pay all of your medical bills related to the accident and about two-thirds of your weekly pay while you cannot work. The wage replacement benefits are known as temporary total disability benefits or TTD. Temporary total disability benefits end when you recover and can return to work or when your physician reports that you have reached maximum medical improvement.
If you have suffered a permanent disability from a workplace injury, you’ll be assigned a permanent impairment rating. The disability rating determines the amount of your permanent partial disability (PPD) or permanent total disability (PTD) payments.
If your claim is denied, there is an appeals process. You have several opportunities to demonstrate that you qualify for benefits. You will need an attorney to navigate the appeals process.
Many workers’ comp claims are denied because of technical errors, paperwork problems an attorney can identify and help you resolve. But if your employer’s insurance company is denying your eligibility for benefits, you need to keep in mind that they deal with the workers’ comp program every day. You need someone on your side of the table who knows the system and can help you present a full and accurate depiction of your injuries and qualification for benefits.
Get the Workers’ Comp Benefits You Deserve in Kentucky
If you are a worker in Kentucky injured on the job, it is very likely that you qualify to receive workers’ compensation benefits. But an employer afraid of higher insurance premiums or an insurer facing a potentially large payout may claim that you don’t qualify for benefits. Speak to a Morgan, Collins, Yeast & Salyer workers’ compensation lawyer to find out what you truly deserve in workers’ compensation benefits and let us help you pursue it.
Don’t take on an insurance company by yourself, and don’t take an insurer’s response of “claim denied” as the final word. Contact us now to schedule your free consultation. We will fight for all the benefits you are due and show them what Kentucky Courage means.
