If you are injured on the job and are out of work while recovering from your injuries, Kentucky’s workers’ compensation insurance system is designed to pay for your medical care and a portion of your missed wages.
Most businesses in Kentucky are required by law to carry workers’ compensation insurance to protect injured workers. When workers’ comp benefits are paid as intended, the insurance program assumes the financial burden of a work-related injury and helps working families make ends meet. It gives injured workers the opportunity to heal and return to the workforce or ensures their financial stability if they cannot work.
When a valid workers’ comp claim is denied, however, it takes courage for an injured employee or their family to fight for workers’ comp benefits. In these situations, a workers’ compensation lawyer with Morgan, Collins, Yeast & Salyer can supply the Kentucky Courage you need.
Our lawyers at Morgan, Collins, Yeast & Salyer are known for having the Kentucky Courage to stand up to big insurance companies and demand justice for our clients. We have recovered more than $300 million in workers’ compensation benefits for hardworking Kentuckians in Manchester, Lexington, Somerset, and elsewhere in Kentucky. Contact us today to set up a free consultation. We stand ready to fight for you.
Who Is Covered by the Kentucky Workers’ Compensation Law?
Workers’ compensation is a no-fault insurance program that pays for medical care and a portion of lost wages for employees whose injuries or illnesses are connected to their employment. The specific statutes that govern the workers’ comp program in Kentucky are found in Chapter 342 of the Kentucky Revised Statutes (KRS Chapter 342).
Unlike some states, if an employer in Kentucky has even one employee, the employer must provide workers’ compensation insurance.
A covered employee (KRS §342.640) is:
- Anyone working under contract for hire expressed or implied
- Any person performing services in a trade, profession, or business
- Executive officers of corporations
- State, county, or city employees
- Any minors, whether lawfully or unlawfully employed
- All helpers and assistants of employees, whether paid by the employer or employee
- Volunteer firefighters
- People who sell and deliver newspapers
Certain types of employees are exempt from mandatory coverage (KRS §342.650), including:
- Agriculture employers/employees
- Domestic workers in a private home if there are fewer than two and they work less than 40 hours per week
- Workers working for sustenance with a charitable or religious organization
- Federal workers covered by the Federal Employee’s Compensation Act
- Members of voluntary carpools
- Certain religious organizations
But an employer may choose to provide coverage.
Any employee in Kentucky may voluntarily reject workers’ compensation coverage.
What Is Covered by Kentucky Workers’ Compensation Law?
Almost any physical injury that could occur at work is covered by Kentucky’s workers’ compensation laws. This includes cumulative injuries, which develop gradually over weeks, months, or longer, such as carpal tunnel syndrome and degenerative disc disease. Workers are also covered for general “wear and tear” injuries suffered due to years of heavy physical work.
Psychological injuries may be covered by workers’ compensation insurance if they are related to physical trauma.
Illnesses caused by exposure to coal dust, chemicals, or asbestos are also covered by workers’ comp in Kentucky. Employees who suffer from coal workers’ pneumoconiosis, or black lung disease, are eligible for special income replacement benefits and return-to-work retraining services.
Workers’ compensation typically does not provide benefits for injuries suffered while commuting to and from the workplace. But it does cover motor vehicle accidents that occur during work-related travel.
Workers’ compensation typically does not provide coverage for injuries that occur because of:
- Horseplay
- Intoxication on the job
- Self-harm
An employee generally has two years from the date of an injury or illness diagnosis to file a final claim for workers’ compensation benefits (KRS §342.185).
What are Workers’ Comp Benefits in Kentucky?
Injured workers in Kentucky may receive workers’ compensation benefits consisting of:
- Medical expenses. Employers are to pay all medical expenses reasonably related to the cure of the injury (KRS §342.020). There are no co-payments or deductibles to be met. The coverage includes payment of:
- Doctor and chiropractor bills
- Hospital bills
- Prescribed and over-the-counter medications
- Diagnostic tests
- Travel expenses to medical appointments
- Consumable medical supplies
- Durable medical equipment such as crutches or a wheelchair
- Lost Wages – Temporary Total Disability (TTD). Injured workers are eligible to receive two-thirds of their average weekly wage once they have been out of work for seven days as a result of a workplace injury or illness (KRS §342.040). After 14 days, they receive payment for the first seven days of missed pay.
When the average is figured, overtime pay the employee received is included. This benefit is capped at a state maximum set by the Department of Workers’ Claims and is discontinued when the employee is declared ready to return to work. Additional lost wage benefits include:
- Permanent Partial Disability (PPD). An employee who has reached maximum medical improvement and still has some permanent impairment resulting in a partial loss of wage-earning capacity may be entitled to PPD benefits.
- Permanent Total Disability (PTD). Permanent total disability benefits are paid if an employee has a permanent disability rating due to a workplace injury and a complete and permanent inability to perform any type of work as a result of an injury.
- Death and Burial Benefits. If an employee dies within four years from the date of the injury as a direct result of the injury, Kentucky workers’ comp pays a lump sum payment to the estate for burial expenses. The surviving spouse and certain dependents are also entitled to income benefits.
- Retraining Incentive Benefit (RIB). The RIB (KRS §342.732) is a one-time award to a worker who has pneumoconiosis (black lung). The program provides an opportunity for vocational retraining and education to those miners who do not return to coal mining employment. The benefit is a semi-monthly payment equal to 66 2/3% of the employee’s average weekly wage but not more than 75% of the state average weekly wage payable for up to 104 weeks (8.6 years). The employee must be taking the equivalent of 12 or more credit hours per week in a training or education program.
How To File a Workers’ Comp Claim in Kentucky
The Kentucky Department of Workers’ Claims (DWC) is the state agency that administers workers’ compensation claims. An injured worker may file a claim for benefits on their own, but the system can be difficult to navigate.
The first step when filing for benefits is to notify your employer. Have a family member call for you if necessary. Explain the circumstances – a traumatic injury in an on-the-job accident or a medical diagnosis of an occupational illness – with cause, date, time, place, and other details.
You should report your injury within a week. We’ve had courts say 30 days is not too late to report an injury, but there is no reason to wait if you have been injured and will be out of work for more than one week. The sooner you initiate a claim, the sooner you may start to receive benefits.
After promptly notifying your employer:
- Tell your doctor how you got hurt on the job.
- Make sure to get an off-work slip if the doctor tells you to stay home.
- Give your off-work slip to your employer.
Filing a claim requires completing and submitting an Application for Resolution of a Claim (find it here). Your claim will be routed to the Division of Claims Processing for review and assignment.
Claims Processing checks the form for all necessary information, confirms insurance coverage, and notifies the employer, insurer, and any other relevant parties of the claim.
If you do not have a lawyer, you must mail the application to:
Department of Workers’ Claims
500 Mero Street, 3rd Floor
Frankfort, KY 40601
If you are represented by a workers’ comp lawyer, your attorney is allowed to file the application online and can take steps to be sure you seek the full benefit you are entitled to by law. If you are unsure whether you are eligible for benefits, or you need help filing a claim, contact a knowledgeable workers’ comp lawyer today for a free consultation.
Questions About KY Workers’ Comp Laws? Call Us
There’s more to obtaining workers’ compensation benefits in Kentucky than filling out a form. Don’t risk a mistake in your workers’ comp application that will lead to a denial of the benefits you need while you cannot work. Our workers’ compensation lawyers will work on your case and seek maximum compensation for you.
A Morgan, Collins, Yeast & Salyer workers’ compensation lawyer will focus on your claim so you can focus on getting well. Together, we’ll fight for all the benefits available by law and show what Kentucky Courage means. Contact us now to schedule your free consultation. Our offices are conveniently located across Kentucky.
