When injured at work in Kentucky, understanding your rights under workers’ compensation laws is essential for receiving the benefits you deserve.
The Blue Grass State requires any employer with at least one worker to provide workers’ comp coverage. This insurance must cover full-time and part-time employees.
The steps you take immediately following an injury can greatly impact your claim’s success. Here’s what you need to know to protect yourself and your future.
Report your injury immediately
Your path to receiving workers’ compensation benefits begins with proper notification of your injury. Take these vital steps:
- Notify your supervisor as soon as possible after your injury occurs
- Follow up with written documentation (email or text message) to create a paper trail
- Be specific about how the injury happened, as well as the affected parts of the body
- Request a copy of the injury report for your records
Kentucky law requires you to notify your employer “as soon as practical,” but waiting even a few days could jeopardize your claim. Report even minor injuries, as they can develop into more serious conditions.
Understanding Kentucky’s coverage rules
Kentucky offers relatively broad workers’ compensation coverage compared to many states, but there are limitations you should understand. Here are crucial considerations:
- Workers’ comp insurance covers all physical injuries occurring at work.
- Claims for mental health conditions can be complicated, as they are only covered when directly resulting from a physical injury.
- Coal workers with pneumoconiosis receive special benefits for income replacement and retraining.
- Most employees can receive up to two-thirds of their average weekly wages while unable to work.
- A seven-day waiting period applies before benefits begin, although you’ll be paid for this period if your disability lasts more than two weeks.
Kentucky’s unique system allows many typically exempt workers to accept coverage under the workers’ compensation program voluntarily. This includes some workers excluded in other states, such as agricultural and certain domestic employees.
Filing your claim successfully
To receive full benefits, you must navigate the claims process correctly. The proper steps include:
- Seeking medical treatment promptly after reporting your injury
- In many cases, you can choose your own doctor by completing a Notice of Designated Physician form
- Keeping detailed records of all medical appointments and treatments
- Filing your formal claim within two years of your injury
- If your claim is denied, you have 30 days to file an appeal
Kentucky allows you to apply for the resolution of disputed claims through the Department of Workers’ Claims. Mediation options are available if you prefer an alternative to a traditional hearing.
When dealing with a workplace injury, having guidance from an experienced workers’ compensation attorney can make a significant difference in receiving the benefits you deserve. A skilled lawyer can help ensure your claim meets all requirements and deadlines while advocating for your rights, including any appeals.