It is important for employers in Kentucky to understand KY workers’ compensation law and to stay updated on changes.
Workers’ compensation insurance provides medical care and monetary benefits when an employee cannot work due to a work-related injury or occupational disease. In exchange for providing benefits for employees, workers’ comp law shields businesses from liability for workplace injuries and diseases.
However, employers who do not understand Kentucky law may deny valid work injury claims. Injured employees with disputed claims should turn to experienced workers’ compensation lawyers at Morgan, Collins, Yeast & Salyer for trusted guidance.
Below are some recent updates to Kentucky workers’ compensation laws. If you are an injured employee who needs more information, contact us for a free consultation today.
Key Changes in Workers’ Comp Law for 2024
Maximum/Minimum Benefit Amounts:
Workers’ comp benefits are based on the recipients’ average weekly wage prior to injury or illness, subject to minimums and maximums adjusted annually. For calendar year 2024, the minimum weekly disability benefit is $214.62. The maximum is $1,180.43.
In the Kentucky legislature’s 2024 session, House Bill 401 revised the existing law to include unemployment benefits in the calculation of a workers’ comp recipient’s average weekly wage (AWW). Gov. Andy Beshear signed the bill into law on April 4, 2024.
The change better reflects a claimant’s wages for the full 52 weeks prior to their work-related injury or occupational disease if they received unemployment. It could increase the wage-replacement payment for some workers’ comp beneficiaries.
Definition Update:
House Bill 401 also amends the definition of a physician in Kentucky workers’ compensation law to include physicians licensed to practice anywhere in the U.S. and retired physicians previously authorized to practice in Kentucky if they surrendered a medical license while in good standing with their medical licensing board.
This change expands the pool of physicians available to perform medical evaluations required to obtain and maintain workers’ comp benefits. The change permits parties to introduce proof of injury or illness from providers outside of Kentucky and permits employers or beneficiaries to seek the services of specialists and other doctors outside Kentucky to offer their expert opinions.
Additional New or Amended Legislation:
In March 2023, Gov. Beshear signed Senate Bill 47, which established the Kentucky Medical Cannabis Program. Medical cannabis will be available to Kentuckians beginning Jan. 1, 2025. However, the law specifically states that workers’ compensation, governmental medical assistance programs, and private health insurance are not required to reimburse their beneficiaries for costs associated with medical cannabis.
What Employers Need to Know and Do
Employers are responsible for completing their employee’s Wage Certification, or average weekly wage form, when an employee applies for workers’ compensation. In most instances, an employee’s average weekly wage is calculated by using the highest wages paid during a 13-week period in the year before the injury occurred. If the employee has not worked 52 weeks, the wages of a comparable employee should be used. Overtime is included, but only at the regular hourly rate.
The employee’s earnings and/or unemployment benefits for the highest quarter are then divided by 13, and the result is the employee’s AWW.
Call A Workers’ Comp Attorney for Answers
It takes courage to deal with a debilitating work injury. It takes courage to fight for the workers’ comp benefits you are owed. If your employer isn’t fully cooperating with you to ensure you receive your full workers’ compensation benefit, let an experienced workers’ compensation lawyer from Morgan, Collins, Yeast & Salyer help. We can present your case for workers’ comp benefits to an administrative law judge if needed. Our attorneys are known for summoning Kentucky Courage when fighting for justice for each injured person we serve. Our law firm has recovered more than $300 million in workers’ compensation benefits for hardworking Kentuckians like you.
Contact us today to set up your free consultation with a workers’ comp lawyer.
