Were you injured on the job? Does your injury keep you from working? Workers’ compensation could provide the benefits you need to heal and keep your household afloat. 

Workers’ comp benefits in Kentucky are available to most employees in the state. You may be eligible for benefits if you sustain a work-related injury or develop a work-related health condition in the course of doing your job. Workers’ compensation benefits may cover medical expenses for treatment of a work-related injury or illness and replace a portion of your lost wages.

At Morgan, Collins, Yeast & Salyer, a Kentucky workers’ compensation attorney can help you pursue all the work-injury benefits provided by Kentucky law. The workers’ comp claims process can be complex if an employer or the employer’s insurance company disputes your right to benefits. Our Kentucky Courage attorneys are known for standing up to big insurance companies and demanding justice for injured workers. Contact us today at (877) 809-5352 to learn more.

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Introduction to Workers’ Compensation in Kentucky

Kentucky’s Workers’ Compensation Act requires virtually all employers with one or more employees in Kentucky to carry workers’ compensation insurance. Odds are you have a right to file a claim for workers’ comp benefits if you’ve sustained a work-related injury or developed a work-related illness. Under Kentucky law, covered employees include:

  • Full-time workers,
  • Part-time workers,
  • Minors,
  • Contractors,
  • Seasonal employees,
  • State employees and local government employees.

Certain workers are exempt from workers’ compensation coverage requirements. They include agricultural workers, independent contractors, and domestic workers.

Workers’ comp benefits are available to injured employees in Kentucky if an illness or injury is work-related. Because Kentucky’s workers’ compensation system is a no-fault system, you don’t need to prove your injuries resulted from someone else’s negligence to qualify for benefits.

Common Workplace Injuries and Illnesses Covered

Workers’ comp benefits cover injuries resulting from common workplace injuries. According to the National Safety Council, the following are the top causes of injuries in the workplace:

  • Exposure to hazards or harmful substances
  • Overexertion
  • Falling and slipping/tripping accidents
  • Contact between workers and equipment
  • Acts of violence by persons or animals
  • Transportation accidents
  • Fires and explosions

Workers’ compensation benefits in Kentucky don’t merely apply when a worker sustains a sudden injury. They can also cover repetitive motion injuries, wear-and-tear injuries that develop gradually and occupational diseases. Common examples of such conditions are:

  • Knee problems leading to total knee replacement
  • Hip problems leading to hip replacement
  • Shoulder pain/issues leading to shoulder replacement
  • Carpal tunnel syndrome
  • Lower-back strain and other issues leading to lumbar/low back surgery
  • Bursitis
  • Hearing loss
  • Arthritis
  • Tendonitis
  • Impingement syndrome
  • Coal workers pneumoconiosis or black lung disease

If you have a medical condition that you believe may have resulted from your job, contact a knowledgeable attorney at Morgan, Collins, Yeast & Salyer.

Workers’ compensation benefits in Kentucky only cover psychological injuries when they result from physical injuries.

Medical Benefits

Workers’ comp coverage pays for necessary medical care for work-related injuries and illnesses. Under Kentucky law, this includes:

  • Bills for diagnostics tests and treatment
  • Medication costs
  • Doctor, hospital, and chiropractor bills
  • The cost of medical supplies and equipment

In addition, an employee may receive reimbursement for the cost of travel to medical appointments. Kentucky workers shouldn’t assume any medical treatment they seek will be covered. Wait to receive authorization before obtaining any medical service.

Disability Benefits for Lost Wages

A workplace injury can leave someone unable to work and earn an income. Their injury may cause total or partial disability. They might be unable to work temporarily, or they may be permanently unable to return to their job.

Workers’ comp insurance in Kentucky offers partial wage replacement benefits in these circumstances. These benefits are calculated according to the following formulas:

  • Temporary or Permanent Total Disability – These disability benefits are 66⅔ percent of the average weekly wage of an injured employee. The benefits cannot be more than 110 percent of the average weekly wage in Kentucky. They can’t be less than 20 percent of Kentucky’s average weekly wage. Temporary total disability (TTD) benefits are available when a worker is healing from their injuries and can’t work. TTD benefits are paid until the worker reaches maximum medical improvement. Permanent total benefits are payable when a worker is unable to re-enter the workforce due to their workplace injury or illness.
  • Permanent Partial Disability – Benefits for permanent partial disability are based upon the injured worker’s impairment rating as determined by the American Medical Association Guides to the Evaluation of Permanent Impairment (5th Edition), physical restrictions, age, their post-injury wage and whether or not they are able to perform they same type of work after the injury that they engaged in at the time of the injury. However, the injured worker can’t be paid more than 82½ percent of the weekly average wage in Kentucky.

Vocational Rehabilitation

An injured worker may participate in a vocational rehabilitation program if their injuries from a work-related accident prevent them from returning to their job. Such a program offers training and education so they can find employment in another role.

In Kentucky, an Administrative Law Judge can refer an injured worker to a physician to evaluate their abilities and needs. After evaluating the worker, a physician may recommend they participate in a vocational rehabilitation program. An Administrative Law Judge can then order an injured worker to participate in such a program for up to 52 weeks at their employer’s expense.

In some cases, vocational rehabilitation benefits can continue after 52 weeks. An administrative law judge may review the medical evidence and determine whether additional vocational rehabilitation is necessary.

Death Benefits

Workers’ comp benefits in Kentucky offer death benefits to certain surviving loved ones of workers who lose their lives as a result of workplace injuries. According to Kentucky’s workers’ compensation law, the following individuals may be eligible to receive death benefits:

  • Surviving spouses
  • Unmarried children under the age of 18
  • Children under the age of 22 if they are enrolled in school full-time
  • Parents who were dependent on the deceased worker
  • Siblings who were dependents
  • Grandchildren who were dependents
  • Grandparents who were dependents

Adult children over the age of 18 may also be eligible for death benefits in some instances. For example, perhaps a child qualified as a dependent when they were under 18. They may continue to qualify after they turn 18 if they can show they have a disability preventing them from supporting themselves.

How death benefits are calculated can depend on various details. The maximum amounts certain parties may receive are:

  • Surviving Spouses Without Children of the Deceased – 50 percent of the deceased’s average weekly wage
  • Surviving Spouses Living with a Child of the Deceased – 45 percent of the deceased’s average weekly wage for the spouse and 15 percent of the worker’s average weekly wage for the child
  • Surviving Spouses Who Have Children with the Deceased But Don’t Live with Them – 40 percent of the deceased’s average weekly wage for the spouse and 15 percent of the worker’s average weekly wage for the child
  • Children When There Is No Surviving Spouse – 50 percent of the deceased’s average weekly wage if there is one child, and up to 15 percent of said wage for every additional child, to be divided among them
  • Dependent Parents, Siblings, Grandparents, and Grandchildren – Up to 25 percent of the deceased worker’s average weekly wage

If a spouse remarries, they may receive a lump sum payment of up to two years of indemnity benefits. Workers’ compensation benefits may also cover reasonable funeral expenses.

Filing a Workers’ Compensation Claim in KY

The Kentucky Education and Labor Cabinet encourages injured workers to report workplace injuries to their employers as soon as possible. It is then the employer’s responsibility to initiate the claims process with their workers’ compensation insurer.

Don’t delay when reporting an illness or injury. Kentucky’s workers’ compensation statute of limitations requires you to file a claim within two years of being injured.

You may have to file an Application for Resolution of Claim form when seeking workers’ comp benefits in Kentucky. Doing so is necessary when an employer or insurer disputes whether you’re eligible for benefits. The process involves the following:

  • Submit the form to the Division of Claims Processing
  • Participate in a Benefit Review Conference (BRC) with an Administrative Law Judge to discuss the case
  • Participate in an official hearing with an Administrative Law Judge

The Administrative Law Judge should render a decision within 60 days of the hearing. They will decide whether you’re eligible to receive workers’ comp benefits based on the details of your case.

Additional Resources and Support

Resources you may find helpful when filing a workers’ compensation benefits claim in Kentucky include:

At Morgan, Collins, Yeast & Salyer, a Kentucky workers’ compensation benefits lawyer can offer trusted guidance and representation to help you secure the benefits you may deserve. Learn more by contacting us online or calling us at (877) 809-5352 for a free case review.