Workers who suffer injuries or illness while at work or due to work may be entitled to workers’ compensation benefits in Kentucky. In fact, Kentucky was one of the first states to enact workers’ compensation statutes in 1916. Despite these protections existing for over a century, far too many employers fail to properly cover their workers. Other times the insurance companies unfairly limit, undermine, or outright deny otherwise valid claims.
At the Louisville Injury Law Firm, our legal team is dedicated to helping you fight back when you are treated unfairly after a work-related injury. We have extensive experience in workers’ compensation cases and understand how to communicate with employers and insurance carriers effectively in order to give you the best chance of recovering a fair settlement. Call us today to schedule a free consultation with our workers’ compensation lawyer.
What is Workers’ Compensation?
Also known as “workers’ comp” or even just “WC,” workers’ compensation is a body of law that is focused on situations where an individual is injured due to his or her job. Such injury could be an accident at work, such as falling off a ladder and breaking a leg, or it could be due to injuries from work, such as lower back pain due to repetitive lifting or straining. In addition, workers’ comp law involves work-related illnesses, diseases, or conditions, such as those caused by asbestos, lead, or other cancer-causing chemicals.
In order to provide this coverage, Kentucky workers’ compensation law requires nearly all employers to have a workers’ compensation policy with an insurance carrier. The law also requires employers to advertise this policy to workers so that they know that they can obtain benefits for an injury or illness related to work. Such policy applies to nearly all types of workers too, including temporary or seasonal.
When workers suffer an injury or illness due to work, they can submit a claim to their employer’s insurance company. Unlike most types of personal injury cases where fault must be proven, workers’ compensation is a “no-fault” program, which means that the worker only has to establish the injury or illness and that it is work-related in order to have medical bills and certain wages paid. In exchange for this no-fault system, workers’ compensation insurance functions as an exclusive remedy, meaning that workers generally cannot sue their employer or coworker for injuries caused at work.
Who is Eligible for Workers’ Compensation in Kentucky?
Under Kentucky law, only a “covered employee” can recover workers’ compensation benefits. However, the Legislature has made this term so broad that nearly every employee will satisfy the definition of a covered employee under Kentucky Revised Statutes (KRS) section 342.640.
Thus, employees who may be entitled to workers’ compensation benefits include:
- Anyone working under contract for hire, either expressly or implicitly
- Executive officers of corporations
- Public workers, including state, county, or municipal (city) workers
- Volunteer firefighters
- Individuals who sell and deliver newspapers
- Any person performing services in a trade, profession, business, or occupation of an employer at the time of the injury
- Any minors who are working, whether they are lawfully or unlawfully employed
- Members of the Kentucky National Guard, and
- Related workers that fit specific statutory authorizations under this statute.
There are some exceptions, however. Under KRS section 342.650, employees not covered by Kentucky workers’ compensation laws include:
- Farm workers or agriculture workers
- House cleaners or domestic services in a private home (hourly limits)
- Drivers in vanpool or carpool programs
- Members of religious sects or divisions
- Caretakers of cemeteries or church-owned properties
- Workers who have other coverage requirements from federal, administrative, or IRS laws, and
- Other less-common exceptions under the law.
Additionally, independent contractors are typically not eligible for workers’ compensation. If you aren’t sure whether or not you are considered a covered employee, contact our office to schedule a consultation. Our experienced workers’ compensation attorney can help you determine your coverage and eligibility.
What Injuries Does Workers’ Compensation Cover?
Nearly all types of personal injuries and illnesses are covered by workers’ compensation insurance in Kentucky. The only qualifier is that the injury or illness be caused, aggravated, or otherwise contributed to by work-related conditions. This means that wear-and-tear or cumulative injuries may also be partially covered, even if not solely due to employment.
Some examples of injuries that may be covered by workers’ compensation laws in Kentucky include the following:
- Broken bones from a fall or another type of accident
- Injuries from motor vehicle accidents while at work or on the clock
- Carpal tunnel syndrome and repetitive injuries to the neck, back, shoulder, hips, or knees
- Torn muscles or torn ligaments from work-related conditions
- Emotional injuries or psychological injuries
- Degenerative disc or back injuries
- Illness caused by work-related conditions such as dust, chemicals, or smoke
- Diseases, including cancer, caused by work conditions or exposures, and
- Other injuries or illnesses that are work-related or due to work conditions
What Are Workers’ Compensation Benefits in Kentucky?
There are many different types of workers’ compensation benefits you may be entitled to under Kentucky law. These benefits are meant to help you and your family with the costs associated with work-related injuries or illnesses.
Medical Expenses
Workers’ compensation covers all medical expenses required to treat a work-related injury without the need to pay either a co-pay or deductible. This includes doctor or hospital bills, medications, travel expenses to appointments, medical supplies, and medical equipment (crutches, wheelchairs, etc.).
Lost Wages
You may be eligible to receive a portion of the wages you would have earned if you had not missed work due to your injury. In Kentucky, lost wages are approximately two-thirds (2/3 or 66%) of a worker’s average weekly wages.
Temporary or Permanent Partial Disability
Workers’ compensation law defines a temporary or permanent partial disability as an impairment that remains after a worker has reached maximum medical improvement (known as MMI) and can return to work. These benefits are calculated at two-thirds of the average weekly wage you were receiving at the time you were injured.
Temporary or Permanent Total Disability
A temporary total disability or permanent total disability is defined as the total inability of an individual to work due to their injuries after reaching MMI. Permanent total disability benefits are calculated at the same rate as partial disability and may continue until you are no longer disabled or reach 70 years of age.
Death Benefits
Surviving family members of a loved one involved in a fatal work accident may be entitled to death and burial benefits, including a lump sum payment and certain recurring payments for certain dependents.
Other Types of Compensation
Speaking to an attorney can help you understand whether you are eligible to receive other forms of compensation beyond those listed above and what limitations to those benefits may exist.
What To Do if an Accident Occurs in the Workplace
If you are injured on the job, there are some steps to take to ensure you do not forfeit your eligibility for workers’ compensation due to missing a deadline or improper reporting.
- Get emergency care if needed.
- Report the injury to your employer as soon as possible.
- Comply with any paperwork requirements your employer may have.
- If your employer has a managed care program, you must see a doctor within the care network. If they do not, you may select your own doctor for treatment.
Another crucial step is to hire a workers’ compensation attorney. In fact, Kentucky’s Education and Labor Cabinet specifically recommends doing so. An attorney can do the heavy lifting throughout the workers’ compensation claim process, such as filing the claim and corresponding with your employer.
What Does a Louisville Workers’ Compensation Lawyer Do?
The workers’ compensation claim process can be confusing and stressful. Hiring a workers’ compensation lawyer can make it smoother and provide you with certain protections and advantages. A lawyer can:
- Fight for you if your claim is denied.
- Negotiate toward the settlement you deserve rather than a low-ball offer.
- Protect you against potential retaliation by an employer.
- Handle communications, filing, and other burdensome tasks involved in the claim process.
It’s best to contact an attorney immediately after a work-related injury. They can support you in filing a claim and ensure that you are prepared for any challenges that arise in the process.
Can I File a Workers’ Compensation Lawsuit?
In Kentucky, you are generally not able to sue your employer or coworkers when workers’ compensation insurance benefits are available. There are only very limited exceptions to this rule, including intentional conduct or if you were given a task that was almost guaranteed to cause serious injury or death. Another exception is where the employer is required to obtain workers’ compensation insurance but fails to do so.
However, you may be able to file a personal injury claim if a third party was responsible for your injuries. For instance, if you were injured by a contractor, subcontractor, vendor, or delivery driver while at work.
You don’t need to wait until your workers’ compensation claim is filed, processed, and completed to file a third-party lawsuit. You can pursue both workers’ compensation benefits and a personal injury lawsuit concurrently. It’s important to discuss the possibility of additional compensation through third-party claims with your attorney to fully understand your rights.
If You’ve Been Injured in the Workplace, Our Louisville Workers’ Compensation Lawyer Can Help
Workers’ compensation laws are complex. You may be entitled to a higher settlement than you’ve been offered, and it’s possible that your claim could even be wrongfully denied. Additionally, the potential for compensation through third-party claims is an important factor in helping an injured worker recoup their losses and recover both physically and financially.
If you’ve been injured, call the Louisville Injury Law Firm at (502) 242-9000 or fill out our contact form. Our personal injury law firm offers free consultations and case evaluations, where we can help answer your questions and explain what rights to compensation you may have under your unique case.