Workers Compensation in Kentucky
You aren’t alone if you wonder how workers comp works. Workers’ compensation is a type of insurance that provides wage and medical benefits to people who have become ill or injured while at work. The extent of workers’ comp coverage an employer is required to carry is governed by Kentucky state law. Thus, in trying to figure out how workers comp works, it helps to understand the laws on the books in the state where the business operates. If the injury or illness a worker sustains is eligible for compensation, the insurance carrier should help ease the financial burden the illness or injury created on the worker. Learn some of the basic principles of Kentucky workers’ compensation insurance and how the process works.
Workers Compensation Statistics in Kentucky?
The most common workplace illness in Kentucky is Coal Workers Pneumoconiosis, better known as “black lung”. Mining and other agricultural industries in Kentucky have hazards of dangerous machinery, slip and falls, transportation accidents, and falling objects. The Kentucky Department of Labor offers Retraining Incentive Benefits. This is a program that provides vocational training and reeducation to any worker that contracts black lung and decides not to return to a mining occupation.
How Does Workers Comp Work in Kentucky?
There is a standard practice to follow when going through the Kentucky workers’ compensation process. Unfortunately, it begins with you getting sick or injured on the job. The circumstances surrounding the incident that led to the injury are especially crucial. The injury had to occur during the course of your regular work duties. It could also occur while you were performing a special task at the request of your boss.
The Labor Cabinet of the Commonwealth of Kentucky mandates that every business with more than one employee carry workers’ compensation insurance. The only exceptions to this mandate are sole proprietors and members or partners of an LLC. Benefits in Kentucky include medical costs, and temporary disability for time off work. As well as permanent disability benefits if the injury lingers.You should also note that Kentucky does not cover mental health issues. Unless they are accompanied by a physical impairment.
The steps you take immediately following a workplace incident in Kentucky are critical for purposes of filing a claim for compensation. Follow the following steps to preserve your rights and learn how workers comp works.
Get Medical Attention
After you get injured or feel ill, the first step is to see a doctor. Don’t delay receiving help from a Kentucky healthcare professional. This could not only jeopardize your health, but you run the risk of missing time-sensitive deadlines in the workers’ compensation process.
Even if you believe that your injury is minor, get a proper medical report detailing the extent of the damage and how it occurred. This is the first step in the workers’ compensation claim process. Absent a medical report, your employer cannot file a claim with the insurance carrier.
When dealing with a job-related illness, the symptoms and diagnosis may not happen right away. You may find yourself attending regular checkups and testing for weeks or months before a doctor finally associates your illness with your job. All of your medical records will become the foundation from which the workers’ comp carrier will launch its investigation. Your doctor may make the determination that the illness is the result of your work conditions or aggravated by them. Once they do, see your human resources representative to file a workers’ compensation claim.
File a First Report of Injury
Once you have a medical diagnosis relating your illness or injury to your job, you must file a claim with your employer. This is the next important phase of how Kentucky workers comp works.
In Kentucky, you have two years to file a claim for Workers’ Compensation, according to the WCRI. This is either two years from the date of the injury, or two years from the last payment of Temporary Total Disability- whichever date is later. You should seek medical attention immediately if you suffer injury or develop symptoms of an illness. Inform your employer, and if any disputes arise, try to settle them before filing a petition. If you feel the dispute can’t be settled, then you can find an attorney to help you file your petition.
The first report of an on the job injury or illness will provide the workers’ compensation insurance carrier with the details of the events leading up to the injury. In this report, you will provide your physical injuries, the medical treatment you received and the facilities that provided it. It’s always a good idea to submit a copy of the doctor’s report with the report of injury.
Your employer should furnish you with information about the claims process. The adjuster or insurance carrier representative may want to speak to you at some point about the incident and any possible witnesses to the event.
Kentucky allows you to receive benefits for up to 425 weeks if you have a permanent partial disability rating of 50% or less. However, if you have a permanent partial disability rating of 50% or more, you are eligible to receive benefits for up to 520 weeks. Compensation is about 67%s of the workers weekly wage. Minimum weekly payments are $138.86, or 20% of the state average. Maximum payments are $694.30, or 100% of the state average.
Why You Should Hire a Workers’ Compensation Lawyer
In learning how Kentucky workers comp works, many people believe that the injury claims process is straightforward. While this may be the case in some instances, in others, it may be more of a hassle. For instance, your employer may question whether you were hurt on the clock or on your own time. The company may also start to question the extent of your injury. There may even arise pay disputes and long-term care dictated by the doctor. Don’t question how workers comp works and risk losing your claim. Hire a Kentucky workers’ comp lawyer and ensure you have an advocate to fight for your rights as a victim.
Work With an Experienced Local Lawyer in Kentucky
Your health and wellbeing need to come first. If you are hurt while working or find out an illness you are suffering is the result of your job, you will want to seek compensation. Since the workers’ compensation claims process may be tricky. You should consider getting a local attorney well versed in how to deal with it. We can even help you connect with an attorney across Kentucky state lines. They can guide you while you continue to learn how workers comp works.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
