Workers’ compensation is a state-administered no-fault insurance program designed to compensate employees who suffer disabling work-related injuries or illnesses arising out of their employment.
Workers’ comp pays all of an eligible employee’s medical bills from a work-related injury plus wage-replacement benefits, typically amounting to two-thirds of their average weekly wages.
The objective of Kentucky’s workers’ compensation program is to support injured employees until they are ready to return to work. This prompts many injured employees to ask, How long do workers’ compensation benefits last?
The simple answer is that the length of time an employee is eligible to receive workers’ compensation benefits in Kentucky depends on the severity of their injury or disability. In most cases, benefits end when the employee reaches maximum medical improvement and returns to work. Maximum medical improvement means the injured employee has recovered as well as the presiding physician expects them to recover. In cases of total disability, the duration of benefits depends on the employee’s age and when the injury occurred.
If you qualify for workers’ compensation, it is important to understand the duration of benefits you can expect. An experienced workers’ compensation lawyer with Morgan, Collins, Yeast & Salyer can help you seek the full benefits available under Kentucky workers’ compensation law. We will make sure you know what to expect every step of the way. Below are some things to know about how long workers’ comp benefits last in Kentucky.
Types of Workers’ Compensation Benefits in Kentucky and Their Duration
First, let’s explain the medical benefits available from workers’ compensation. If you suffer an injury in a workplace accident, you are entitled to medical treatment at your employer’s expense. All related medical expenses should be paid. This includes:
- Emergency medical care
- Medical examination and diagnosis
- Surgery and hospitalization
- Rehabilitation
- Nursing, including necessary private nursing
- Medical supplies, including ongoing needs in cases of disability
- Assistive and adaptive devices.
If you are unable to work for eight days due to a workplace injury, then you become eligible for wage replacement benefits to cover a portion of your lost wages. The workers’ compensation disability benefits may be:
- Temporary Total Disability (TTD). TTD benefits usually continue until you reach maximum medical improvement (MMI) and are released by a physician to return to work.
The wage replacement benefits are equivalent to 66 2/3% of your average weekly wage.
- Permanent Partial Disability (PPD). PPD benefits are for an employee who has reached maximum improvement and is able to return to work but still has some permanent impairment.
For an employee who returns to work for wages that are equal to or greater than their previous pay, the benefit payments are 66 2/3% of your average weekly wage multiplied by your assigned disability rating.
If your disability rating is 50% or less, you may receive permanent partial disability benefits for up to 425 weeks (8+ years).
If your disability rating is more than 50%, you may collect permanent partial disability benefits for 520 weeks (10 years).
- Permanent Total Disability (PTD). Injured employees who have permanent disabilities that prevent them from returning to work may qualify for Kentucky workers’ compensation total disability benefits.
You may receive PTD payments equivalent to 66 2/3% of your average weekly wage until you reach full retirement age, at which time you should apply for Social Security retirement or disability benefits.
All Kentucky workers’ compensation income benefits terminate when the employee turns 70 years old or four years after the date of injury, whichever is later. This is one reason why it is beneficial to work with an experienced workers’ compensation attorney who can negotiate a lump-sum workers’ compensation settlement as payment of PPD or PTD compensation.
Deadlines and Limitations for Kentucky Workers’ Comp
Kentucky gives an injured employee up to two years from the date of their injury or diagnosis of a work-related illness to file a workers’ compensation claim. Failure to meet this filing deadline will mean the injured employee may not be eligible to recover any workers’ comp benefits.
In cases of a wear and tear injury, the employee must file their claim within two years of being diagnosed with a cumulative trauma injury. It cannot exceed five years from the date of last exposure to working conditions that contributed to their injury.
By law, injured workers are required to report accidents that result in workplace injuries to their employers as soon as possible.
There’s no reason to wait to notify your employer that you have been injured and may require workers’ compensation. Do it as soon as possible. If you are incapacitated, someone should make sure the report is made within 30 days at the latest.
If you do qualify for workers’ comp coverage, you’ll want to receive Kentucky workers’ compensation benefits without delay. If your employer’s insurance company disputes your workers’ comp claim, you should seek the help of an experienced legal team to advocate for you.
The sooner you seek the help of an experienced attorney at Morgan, Collins, Yeast & Salyer regarding your workers’ compensation claim, the better.
Can My Benefits Change or End?
It is possible for your workers’ comp benefits to change or end as your physician’s assessment of your condition changes. The doctor may declare that you are fully recovered and no longer need workers’ compensation benefits. If you disagree, a workers’ compensation lawyer can help you obtain a second-opinion diagnosis and appeal the decision.
This makes it crucial to keep all doctor appointments and follow doctor’s orders while applying for or receiving workers’ compensation. Anything that indicates that you are not injured and incapacitated may be used to challenge your eligibility for benefits.
Contact A Workers’ Comp Lawyer Today for A Free Consultation
If you have been injured while on the job and are unable to work, you may be entitled to file a workers’ compensation claim. The Kentucky Courage attorneys at Morgan, Collins, Yeast, & Salyer handle workers’ compensation claims on behalf of injured workers. To recover all of the workers’ comp benefits you deserve, contact the Kentucky workers’ compensation lawyers of Morgan, Collins, Yeast & Salyer at (877) 809-5352 or online. We’ll review your workplace injury and discuss your eligibility for benefits during a free consultation. Our law firm won’t charge you a legal fee unless we recover benefits for you. Contact us now!
