The fallout of an on-the-job injury can be costly. Medical bills, missed paychecks, and long recovery times can put a serious strain on you and your family. Kentucky’s workers’ compensation system is designed to provide financial relief and support to injured workers. Knowing how to calculate workers’ compensation settlements can help you understand what to expect.
At Morgan, Collins, Yeast & Salyer, our experienced workplace injury lawyers help hardworking Kentuckians like you fight for the maximum workers’ comp benefits they deserve. We work directly with our clients to pursue every dollar of compensation available. Our attorneys know how to deal with insurance companies that try to shortchange injured workers. When you hire us, you’ll have Kentucky Courage on your side.
If you have questions or need help with your workers’ compensation case, contact us 24/7 for a free consultation.
What Coverage Does Workers’ Compensation Provide in Kentucky?
Workers’ compensation is a no-fault system designed to help employees recover physically and financially after a work-related injury or occupational illness. If you’re hurt on the job, you may be entitled to a range of benefits.
Workers’ compensation typically covers:
- Medical expenses – All necessary medical care for your injury or illness should be covered. That includes doctor’s appointments, surgeries, hospital stays, prescription medications, physical therapy, and other rehabilitation services.
- Lost wages – If your injury prevents you from working, you may qualify for partial wage replacement benefits. These generally come in three forms: temporary total disability (TTD), permanent partial disability (PPD), and permanent total disability (PTD) benefits.
- Vocational rehabilitation – If you cannot return to your old job due to your injury, workers’ comp may cover vocational training or education for a new career. Benefits may include job placement services, counseling, and skills development programs.
- Death benefits – When a workplace injury results in death, the worker’s dependents may receive certain death benefits. The benefits often include funeral costs and ongoing financial support for a surviving spouse and children.
To receive workers’ compensation benefits, you must report your injury and file a claim promptly. Kentucky law sets strict deadlines for notifying your employer and initiating your claim with the Department of Workers’ Claims. Delays can result in lost benefits or claim denial.
How Are Workers’ Compensation Benefits Calculated?
In Kentucky, workers’ compensation benefits are calculated based on your earnings, the severity of your injury, and guidelines set by state law. Understanding the calculation can help you estimate what you may be entitled to. However, the exact amount of a potential lump-sum settlement will vary depending on your unique situation.
Average Weekly Wage Calculation
Most workers’ comp wage-replacement benefits start with the employee’s average weekly wage (AWW). Your AWW is the average amount you earned per week before your injury.
Kentucky generally pays injured workers two-thirds of their AWW, up to a state-mandated maximum. The cap changes annually. High earners may receive less than two-thirds of their AWW if their wages exceed the limit.
Temporary Total Disability Benefits
If your injury temporarily prevents you from working, you may receive TTD benefits. These are typically up to two-thirds of your AWW, paid out until a doctor determines you’ve reached maximum medical improvement (MMI). MMI means that your condition is stable and unlikely to improve further. Once you reach MMI, your benefit category may change.
Permanent Disability Benefits
After your condition has stabilized, your medical provider will assess whether you have a lasting impairment. If so, you may receive PPD or PTD benefits. PPD benefits are for injuries that result in some permanent loss of function but don’t prevent you from working entirely. PTD benefits compensate you for injuries that permanently prevent you from ever working again.
State Maximums and Minimums
Kentucky has both maximum and minimum weekly benefit limits, which may impact the compensation you receive. For example, even if you made significantly more than average before your injury, your weekly payment cannot exceed the maximum set by the state. On the other hand, lower earners are guaranteed at least the minimum payment amount.
Impairment Ratings and Settlement Value
A big part of calculating permanent disability benefits is your impairment rating. Your impairment rating is determined by a doctor using the American Medical Association (AMA) guidelines. The rating represents the percentage of your body that has been permanently impaired. The higher the rating, the greater your potential benefits.
Understanding the formulas behind your workers’ comp payments can be confusing, especially when you’re struggling with loss of income during your recovery. Our workers’ compensation attorneys can explain your options and fight for the maximum benefits you deserve.
What Factors Could Affect Your Workers’ Compensation Value?
The value of a workers’ compensation settlement in Kentucky can vary widely depending on the details of your specific circumstances. Common factors affecting your settlement include:
- Severity of your injuries
- Medical expenses and ongoing treatment needs
- Ability to return to work
- Employer’s insurance policy
- Whether you have legal representation
Quality legal representation can help you calculate your settlement, present a compelling case, and prevent you from settling for less than you deserve.
How Can I Increase My Predicted Lump-Sum Settlement Amount?
One of the most important things you can do to support your workers’ comp claim is to get legal help from a qualified workplace injury lawyer at Morgan, Collins, Yeast & Salyer. Working with an experienced workers’ comp attorney could significantly increase your settlement. Our firm knows how to correctly value your claim and push back against lowball offers.
Keep detailed records of all your injuries, treatments, and medical expenses. Documentation is critical evidence in supporting your work-related injury claim and the amount of a potential workers’ comp settlement you could be entitled to.
Be sure to follow your medical treatment. Missing appointments, ignoring treatment plans, or failing to follow your doctor’s instructions can give insurance companies a reason to dispute or deny part of your claim. When you follow medical instructions, it shows that you’re taking your recovery seriously.
Can a Workers’ Compensation Attorney Estimate How Much I Will Receive?
The workplace injury attorneys at Morgan, Collins, Yeast & Salyer can assess your medical reports, predicted future medical expenses, and wage history to estimate your potential workers’ comp settlement. A free consultation is the best way to find out what your workers’ compensation claim may be worth.
How Our Lawyers Can Help You Pursue Maximum Workers’ Comp Benefits
The attorneys at Morgan, Collins, Yeast & Salyer are committed to helping injured Kentucky workers pursue the full workers’ compensation benefits they deserve. We provide comprehensive case evaluations to uncover every benefit available, ranging from lost wages and medical care to possible personal injury or Social Security Disability claims.
Our team handles all the complex paperwork and deadlines, negotiates directly with insurers, and pushes back against unfair settlement offers. Contact us now to set up a free consultation with our Kentucky workers’ compensation attorneys.
