Kentucky Workers' Compensation: Fast Facts

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Coverage Requirements Under Kentucky State Law

Every Kentucky business with at least one employee must provide workers' compensation insurance coverage. This includes temporary, part-time, and full-time workers as well as family members working for a relative.

Work-Related Injury or Illness Reporting Requirements

Notify your employer immediately about your work-related illness or injury, preferably in writing. To avoid any potential claim delays, record the date, time, and nature of your injury or illness and its cause. You should also list your name, occupation, age, current work wages, occupation, and names and contact info of any witnesses. Your employer must then report your incident to their workers' compensation insurance carrier within 3 business days of your notice.

Where to Seek Medical Care

If your employer participates in a managed care program, then you must choose an authorized doctor from their list. Otherwise, you can see any healthcare provider you choose to treat your occupational illness or industrial injury. Not happy with your first treating physician? You can change doctors once without losing your Kentucky workers' compensation benefits.

Waiting Period for Lost-Wage Benefits in Kentucky

Your first 7 days off are always unpaid unless you're unable to work at all for at least 2 weeks. However, your TTD payments should begin on your 8th missed day of work. Once day 15 passes and you still can't work, you'll qualify for lost-wage benefits covering that first unpaid week off. If you don't need at least a week off work to recover, workers' comp only pays medical benefits

Kentucky Workers' Compensation Statute of Limitations

You have two years from your job injury date to file your Kentucky workers' compensation claim. If you have an occupational illness, the filing deadline is 3 years from your diagnosis date.

Kentucky Weekly Compensation Rate

You can receive 66 2/3% of your gross average weekly wages, subject to the state's current maximum and minimum amounts.

How Long You Can Receive Kentucky Workers' Comp Benefits

  • Medical benefits: unlimited until you reach maximum medical improvement
  • Death benefits: uneral and burial expenses totaling up to $50,000 and up to 75% of the state's AWW at the time of death for surviving dependents until remarriage or death
  • Temporary Total Disability (TTD):until you return to work at the same earnings level or for the duration of disability
  • Permanent Partial Disability (PPD):up to 520 weeks if you have a partial disability rating of at least 50% due to your injury; otherwise, payments last no more than 425 weeks
  • Temporary Partial Disability (TPD):until you return to work at the same earnings level or for the duration of disability
  • Permanent Total Disability (PTD): until you turn 67 and qualify for full Social Security benefits

Kentucky Workers' Comp Coverage Exemptions

The following employees are automatically exempt from Kentucky workers' comp coverage:

  • Agricultural workers
  • Anyone who files a Form 4 Waiver with the Kentucky Department of Workers' Claims to voluntarily waive coverage
  • Domestic workers in private homes that employ less than 2 total regular employees
  • Employees that provide handyman services for no more than 20 days at a time in a private home (i.e., temporary maintenance, remodeling, or repair jobs)
  • Federal employees
  • Independent contractors
  • Religious sect or organization members who oppose insurance benefits on principle
  • Those working for religious or charitable organizations in return for sustenance or aid

Kentucky Workers' Compensation Attorney Fees

All Kentucky workers' compensation attorneys work on contingency. This means you only pay your lawyer after your case wins. If you don't win, then you pay your workers' comp lawyer nothing. For successful claims, Kentucky workers' compensation attorneys may charge the following legal fees:

  • Up to 20% of the first $25,000 you receive in compensation
  • 15% of the next $25,000 in compensation you receive above that first amount
  • 10% of the remaining award balance above the first two amounts

Important: Kentucky law says no workers' comp attorney can charge more than $18,000 in legal fees for any successful case.