Frequently Asked Questions About Workers’ Comp in Kentucky

Workers’ compensation is a form of insurance that kicks in when an employee has been injured or contracted a work-related illness on the job. An employee is provided medical benefits and wage replacement (if they have to take time off work) in exchange for waiving their right to sue their employer for negligence.

We recommend filing a claim at the time of the incident. The statute of limitations for Kentucky workers’ compensation claims is two years. You must file your claim within two years of either sustaining a work-related injury in an accident or discovering the injury. An example of “discovery” would be a doctor diagnosing you with a cancer that was caused by your work environment over time.

All employers in Kentucky are required to carry workers' compensation insurance if they have one or more employees. To be eligible for workers' comp, you must suffer from a work-related injury or occupational disease. The law permits people to receive benefits even if their own negligence caused their accident.

However, there are a few exceptions, including farm workers, domestic workers employed in a private home, some independent contractors, workers who are protected by federal laws, and members of certain religious denominations.

If you have been hurt on the job but aren’t sure you qualify for workers’ compensation, you may still have options. Please feel free to give us a call.

Workers' compensation benefits are determined on a case by case basis, but typically include medical expenses, lost wages, vocational training, and rehabilitation.

Other examples of potential benefits include:

• Permanent disability
• Temporary disability
• Mileage reimbursement
• Death benefits

Your employer’s insurance company will pay out your workers’ comp benefits.

You can! There are specific benefits that cover a portion of your lost wages if you are forced to miss work, but if your doctor says that you can continue to work despite your injury it should be safe and permissible to do so.

The first thing you should do is seek immediate medical attention. Even if you aren’t in serious pain, a medical exam is a necessary part of the claims process. Next, inform your employer of the incident in writing as soon as possible (or diagnosis in the case of an illness). Again, this is a necessary step, so do this even if your employer already knows about your accident. You should include a detailed description of how the accident happened, including the date, time, and location it occurred. Your employer will then provide you with the necessary paperwork and the next steps.

While having a lawyer assist you with the workers’ compensation claims process streamlines the process and increases the benefits you can receive, it is not a requirement. If you Feel free to schedule a free, no-obligation consultation with us to further discuss your options.