After an accident or injury sustained in the workplace, Kentucky workers are entitled to receive workers’ compensation benefits to cover their injuries. Kentucky’s workers’ compensation is a no-fault insurance system. It’s designed to compensate injured workers for medical care and a portion of missed wages. Although an injured worker can file a claim independently, the workers’ compensation filing process can be challenging to navigate. Failing to follow proper procedures can sometimes result in claim denial.
When you need help filing a workers’ compensation claim, contact an Owensboro workers’ compensation lawyer at Gerling Law. Serving clients for over five decades, we have the experience you need to seek the maximum benefit for your injury or illness. Contact us today to set up a free consultation.
Who Must Carry Workers’ Compensation Insurance
Under Kentucky law, most businesses in Kentucky must carry workers’ compensation insurance to protect injured workers. Unlike some states, if an employer in Kentucky has even one employee, the employer must provide workers’ compensation insurance.
Who’s Covered by Kentucky’s Workers’ Compensation Program?
Kentucky law outlines the employees covered by Kentucky’s workers’ compensation law. Coverage is quite broad. Covered employees include the following:
- Any person performing services in a trade, profession, or business;
- Executive officers of a corporation;
- Anyone working under a contract of hire or apprenticeship;
- Helpers and assistants;
- City, county, and state employees;
- Volunteer firefighters; and
- Minors, whether lawfully or unlawfully employed.
Although the list of covered employees is long, certain employees are exempt from mandatory coverage. However, an employer may still choose to provide coverage to exempt employees.
What Injuries Does the Kentucky Workers’ Compensation Law Cover?
Kentucky’s workers’ comp program covers almost all types of injuries that could occur at work.
Physical Injuries
These work-related injuries often involve industrial accidents, equipment failure, defective machinery, or slip-and-falls.
Cumulative Injuries
Cumulative injuries result from repeated stressors and develop gradually over time. The workers’ comp law also covers injuries that develop over a much longer timeframe. Illnesses caused by exposure to toxic chemicals, such as coal dust or asbestos, are also covered.
Black Lung Disease
Employees suffering from black lung disease are eligible for special income replacement benefits and return-to-work retraining services.
Psychological Injuries
Kentucky’s workers’ compensation law may also cover psychological injuries connected to work. Psychological injuries may be covered when such damages are related to physical trauma.
Injuries Suffered While Traveling
Typically, injuries sustained while traveling to and from the workplace are not covered injuries under the Kentucky workers’ compensation laws. But, if the accident occurred during work-related travel, you may be able to get benefits.
Coverage Not Typically Covered
Although Kentucky’s workers’ comp law covers a broad range of injuries connected to the workplace, it does not cover the following:
- Horseplay,
- Self-harm, and
- Intoxication on the job.
An Owensboro workers’ comp attorney can help determine what injuries qualify for compensation under Kentucky workers’ compensation law.
What Workers’ Comp Benefits Are Available?
Workers injured on the job in Kentucky can receive a variety of benefits. These benefits include the following:
- Medical expenses,
- Temporary or permanent disability benefits for lost wages,
- Vocational retraining, and
- Death benefits.
Workers’ compensation benefits are limited to mental and physical injuries directly resulting from those physical injuries. There are four types of disability benefits available in Kentucky:
- Temporary Total Disability (TTD),
- Temporary Partial Disability (TPD),
- Permanent Total Disability (PTD), and
- Permanent Partial Disability (PPD).
In most cases, income benefits for an employee who is temporarily disabled are two-thirds of your average weekly wage. Applying the formula can be complex. Thus, it’s prudent to get help from a workers’ comp attorney who can help determine if you are entitled to benefits and what you should receive.
How Long Do You Have to File a Claim?
An employee generally has two years from the date of injury or onset of illness to file a claim for workers’ compensation benefits. If you hesitate to file, you may miss a deadline that can prevent you from receiving the benefits to which you are entitled.
How to File a Workers’ Compensation Claim
The Kentucky Department of Workers’ Claims (DWC) administers workers’ compensation claims. As an injured worker, you may file the claim on your own, but the claim process can be confusing. Your claim can be denied if you fail to follow the proper procedures. Don’t let this happen to you. Get assistance from a workers’ compensation lawyer in Owensboro.
Notify Your Employer
Notifying your employer of the injury is the first step in filing a claim. Explain the circumstances of the illness or injury. You should report your injury as soon as you can. The sooner you initiate a claim, the faster you can receive benefits.
Contact Your Doctor
After notifying your employer of your injury or illness, telling your doctor how you got injured on the job is critical. Make sure your doctor provides complete documentation that you can provide to your employer.
Submit a Claim
Filing a claim requires completing and submitting an Application for Resolution of a Claim. Once you complete this step, your claim is routed for processing. Claims processing ensures the completion of all necessary documentation.
When a workers’ comp lawyer represents you, you have nothing to worry about. Your attorney will apply online. They can take steps to ensure you request the full benefit you are entitled by law and comply with all processes and procedures. They can guide you every step of the way. Get assistance from a workers’ compensation attorney in Owensboro today.
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Questions About Kentucky Workers’ Comp Laws? Contact Gerling Law
At Gerling Law, our experienced attorneys have put clients first for over 50 years. When you need an Owensboro workers’ compensation attorney, trust our experience, dedication, and unparalleled client service. With a Gerling Law location in Owensboro, Kentucky, we can serve your needs for a Kentucky workers’ compensation claim.
Our legal team will stand up to big insurance companies and demand justice. We don’t back down. We will work tirelessly on your case to seek maximum compensation. Contact us for a free consultation and learn how we can help you file a Kentucky workers’ compensation claim.
