Have you lost the use of a body part due to an accident at work? If so, you could be entitled to permanent disability benefits through Kentucky’s workers’ compensation system.
The amount you could receive will depend on a physician’s impairment rating evaluation of the percentage of your body that is impaired after your injury has reached maximum medical improvement. Since such impairment rating figures are inherently somewhat subjective, you need an experienced workers’ compensation attorney to advocate for you as you pursue a permanent disability claim.
At Morgan, Collins, Yeast & Salyer, we’re proud to stand up for injured Kentucky workers and help them access the maximum benefits they’re entitled to by law. If you’ve been hurt on the job or fallen ill because of an occupational disease, we have the Kentucky Courage it takes to demand a fair workers’ comp settlement for you.
Contact us today for a free consultation with a workers’ compensation attorney in Kentucky.
What Are Scheduled Losses?
The term scheduled losses refers to predetermined compensation amounts awarded to employees who suffer permanent partial disabilities (PPD) resulting from workplace injuries. These benefits take their name from the schedule, or printed catalog, that assigns specific values to the loss of particular body parts, such as fingers, hands, arms, legs, eyes, or hearing.
Each body part has a set number of weeks of compensation, and the employee is paid a percentage of their average weekly wage for that duration. Alternatively, the employee can settle their claim and accept a lump-sum payment approximating the amount they would have received at monthly or biweekly intervals.
Scheduled losses provide a standardized method for calculating benefits, offering predictability and consistency in claims processing. However, these schedules typically apply only to specific, measurable losses and do not account for broader impacts on the worker’s overall ability to earn a living, which may be addressed under non-scheduled or whole-body impairment evaluations.
At this point, it’s important to note that Kentucky does not follow a scheduled loss system. Rather, when the employee reaches maximum medical improvement – the point at which additional treatment will not meaningfully improve their condition – they are assigned an overall, full-body impairment rating based on the American Medical Association’s fifth edition guidelines. While there is a more recent set of guidelines, Kentucky has not adopted its standards. Full-body impairment establishes the amount and duration of the benefits they receive.
The Average Values of Each Body Part
As Kentucky does not follow the old scheduled benefits model, there is no standardized value for each body part. Consequently, there can be no average value for each body part. Rather, the state’s system attempts to acknowledge the overall effects of a long-term but partial impairment on a worker’s ability to earn a living.
Why Are Some Body Parts Worth More than Others?
The scheduled loss model dates back to the earliest workers’ compensation systems in the United States, which came into being in the late 19th and early 20th centuries. Most covered employees at the time were laborers who worked with dangerous machinery and were at considerable risk of severe injuries. Moreover, medical treatment in the era was comparatively primitive, which led to worse outcomes for injured workers.
Amputations were much more common then than they are today. As such, it made sense to compensate a worker for the loss of a limb or appendage, as these body parts were directly tied to their ability to work most available jobs. The larger and more critical the affected body part, the greater the sum awarded to the employee.
Some states continue to follow the old schedule model, but Kentucky does not. So, while some body parts might be “worth” more than others, here in Kentucky, it is more a function of overall impairment rating than a somewhat arbitrary and perhaps outdated valuation printed in a schedule.
What Is Impairment Rating Compensation and How Does It Work?
In Kentucky, a worker who suffers an injury that leads to a permanent impairment but does not prevent them from performing any work is entitled to permanent partial disability (PPD) benefits. The amount of PPD payments is established through a complex formula based on their pre-injury average weekly wage (AWW) and their impairment rating.
The impairment rating is established by a medical assessment that quantifies the extent of permanent physical or functional loss an injured worker has sustained due to a workplace injury. The rating is expressed as a percentage of the employee’s total body as determined by a qualified medical professional using the fifth edition of the AMA Guides to the Evaluation of Permanent Impairment.
While the AMA impairment rating evaluates physical or functional loss, it does not necessarily equate to a worker’s diminished earning capacity or the actual impact on their ability to work, which might be considered under disability evaluations.
To calculate base PPD payments, take two-thirds of your AWW and multiply it first by your AMA impairment rating and then by a factor based on that rating as follows:
- 0-5 percent impairment: 0.65
- 6-10 percent impairment: 0.85
- 11-20 percent impairment: 1.00
- 21-25 percent impairment: 1.15
- 26-30 percent impairment: 1.35
- 31-35 percent impairment: 1.50
- 36 percent impairment and above: 1.70
Benefits are also subject to a maximum limit based on the statewide average weekly wage. Click here for the most recent benefits schedule.
If this sounds complicated, that’s because it is. Injured workers in these situations need help from our experienced workers’ compensation lawyers in Kentucky.
How Our Workers’ Compensation Attorneys Can Help You with Your Claim
The workers’ compensation attorneys at Morgan, Collins, Yeast & Salyer are ready to handle your claim. We can push back if your treating physician attempts to undervalue the extent of your impairment and seek second opinions as appropriate. We’re also prepared to negotiate a settlement of your workers’ compensation claim that reflects the actual value of the injury and impairment you’ve suffered.
Don’t wait to get some Kentucky Courage on your side. Contact us today for your free initial consultation and speak with a workers’ comp lawyer at no cost or obligation.
