If you suffered an injury at work in Kentucky, you might wonder how much you can expect from your workers’ compensation settlement—or if you will even receive one.
These are essential questions.
Your livelihood and your family’s future may depend on how much your settlement is worth.
Talking with an experienced workers’ compensation lawyer can help you understand what to expect from your settlement.
Having an experienced workers’ compensation attorney on your side gives you the best chance to maximize your settlement.
In Kentucky, Gerling Law is the name you can trust to help you fight for the results you deserve. For over 50 years, Gerling Law has put its clients first.
That approach has reaped huge rewards, with over $500 million recovered for our clients. Call our office today for a free case evaluation or contact us online.
How Much Will I Receive from Workers Comp in Kentucky?
The answer to this question depends on several factors, including:
- Your average weekly wage;
- How long you will be out of work;
- Your age on the date of injury;
- Your education level;
- Whether you could ever resume your old job;
- Whether you need job training because you cannot return to your old job;
- How much you make in your new job if you can’t return to your old one; and
- The duration of disability you have.
Other factors can increase the total amount you could receive from workers’ compensation.
You could receive payment of necessary and reasonable medical expenses, reimbursement for prescription drug costs, and reimbursement for your mileage driving to and from your medical appointments.
Speaking with a knowledgeable Kentucky workers’ comp attorney will help you figure out how much you will receive in a settlement.
How Does Kentucky Calculate a Workers’ Comp Settlement?
Calculating your workers’ compensation settlement is highly complicated. Payment of benefits does not start until you miss work for seven consecutive days.
However, you must comply with the statutory notice requirements and tell your employer you sustained a workplace injury.
Unless you need to see a physician for emergency medical treatment, you must visit a physician listed by your employer who covers workers’ compensation claims.
After the first seven days, your employer’s workers’ compensation insurance carrier will pay you temporary total disability benefits of two-thirds of your average weekly wage (AWW) up to the maximum allowed by the annual benefits schedule.
You must return to work once your injury heals, you reach maximum medical improvement (MMI), or you have recovered enough to resume your customary employment.
Your claim ends if you return to your pre-injury employment.
What Happens If I Can’t Return to My Customary Employment?
You should sit down with your Kentucky workers’ comp lawyer to discuss your options if you cannot return to customary employment.
By this juncture, your lawyer will have medical reports from doctors indicating whether you have a permanent partial disability (PPD) or permanent total disability (PTD).
Your settlement depends on this designation.
The DWC, which has exclusive jurisdiction over all workers’ comp claims in the Commonwealth of Kentucky, published an online benefits calculator to guide you through the claims process.
Permanent partial disability payments
If you suffer from a PPD, then you take your AWW and multiply it by 66 ⅔%.
Then you compare that number to the maximum annual compensation rate allowed for the date of injury.
The sum you calculate is your compensation rate.
The calculations are not done. Next, you need to get an impairment rating from your doctor. Multiply your compensation rate by your impairment rating.
Kentucky bases its impairment rating on the 5th Edition AMA Guidelines (this is known as a 992 table). The result is your weekly benefit rate.
Next, multiply your weekly benefit rate by either 425 weeks or 520 weeks. You use 425 weeks if you have a impairment rating of 50% or lower. Use 520 weeks if your impairment rating is over 50%.
Permanent total disability payments
You are eligible for permanent disability payments if you cannot return to work because of your workplace injury and have a permanent impairment rating.
You will receive two-thirds of your AAW until you reach 70 years of age or four years after your injury, whichever is later.
Any period for which you receive temporary disability benefits counts toward the four years.
You factor in your age and educational level based on the values provided by the Kentucky Department of Workers’ Claims (DWC) to determine the appropriate payments if you do not return to pre-injury work and do not return to work at the same pay grade.
What Is the Highest Workers’ Comp Settlement in Kentucky?
There are no stats to determine the largest settlement. Notwithstanding, you should discuss the statutory limitations imposed on your settlement with your Kentucky workers’ compensation attorney.
Kentucky’s workers’ compensation law imposes certain restrictions on your settlement.
Additionally, the law reduces your settlement with a “present-day calculation” if you elect to take a lump sum payment.
Are There Limits When You Can File a Claim?
You have two years to file your workers’ compensation claim to protect your rights. Missing that deadline means you lose the right to collect workers’ compensation benefits.
That’s why it is crucial to speak with a qualified Kentucky workers’ comp lawyer as soon as you sustain a work-related injury.
Do All Workers’ Comp Cases End in a Settlement in Kentucky?
The majority of workers’ compensation claims end in a settlement.
However, if you can’t reach an agreement, your case will go to a hearing before a workers’ compensation judge who will resolve factual disputes.
You do not have a right to a jury trial. Kentucky law allows you to appeal adverse decisions to the Workers’ Compensation Board and the Kentucky appeals courts if necessary.
Injured at Work in Kentucky? Go with Experience. Go with Gerling.
Gerling Law has represented thousands of people like you and achieved terrific results. Our firm recovered over $500 million in damages for our clients over the last 50 years.
Our results show that we aren’t afraid to take on powerful insurance companies on behalf of our clients.
Contact us today for a free case evaluation by submitting an online form or calling our office.
Gayle Gerling Pettinga
Born and raised in Evansville, Gayle is a respected, experienced lawyer and a valued community leader. She graduated near the top of her class at Indiana University’s prestigious Maurer School of Law. She’s practiced law with one of the largest firms in Indianapolis as well as one of the largest pharmaceutical companies in the world. And that means she knows how big law firms and big companies think and how they operate – and she will put that knowledge to work for you.
Gayle has received numerous awards and honors including Martindale-Hubbell — Peer Review Rated: AV®, American Institute of Personal Injury Attorneys 10 Best Attorneys in Indiana for Exceptional and Outstanding Client Service, and YWCA Evansville 100 Years, 100 Women Honoree, 2011.
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