The Kentucky Workers' Compensation law can be found in Chapter 342 of the Kentucky Revised Statutes. It is intended to compensate injured employees for their loss of wages, as well as to cover medical expenses due to work-related injuries. Thus, one must be injured while at work or performing duties of their employment in order to be compensated.
The first step for an employee injured on the job is to give notice to the employer. Failure to give timely notice may significantly impair your chances of recovery. The employer will fill out an accident report and report it to the employer's insurance carrier. If the injured employee is taken off work by a physician for more than fourteen (14) consecutive days, the injured employee will automatically begin to receive payments of 2/3 of his/her average weekly wage. These payments are known as Temporary Total Disability payments or TTD. They will continue until the employee has been returned to work or until the physician reports that the employee has reached maximum medical improvement. All medical bills related to the injury should be paid by the employer or its insurance carrier.
The injured employee must determine whether or not he/she has a permanent impairment due to the injury which will justify filing a workers' compensation claim. The injured employee should obtain an impairment rating (percentage) from his/her physician. The employer will also require an examination from the employer's physician. Once an injured employee has an impairment rating, he/she can negotiate with the employer or the employer's insurance carrier for a settlement. This can be done with or without an attorney, but having an attorney is highly recommended to ensure that both sides understand the process and calculation of any settlement.
There is a time limit on such claims. As a general rule, from the date of injury, the injured employee has two (2) years in which to file a claim with the Department of Workers' Claims. There may be an extension of time if the injured employee misses a certain amount of work and is paid Temporary Total Disability (TTD) benefits due to being taken off work by a physician. In such case, the time limit may be extended until such time as two (2) years have passed from the last TTD payment.
If the injured employee does file a claim with the Department of Workers' Claims, a Benefits Review Conference with an Administrative Law Judge will be scheduled in which the specifics of the case, income, injuries, settlement offers, etc. will be discussed. If the case does not settle at that point, a final hearing will be scheduled and the judge will decide what benefits the injured employee will receive.
If you need to consult with a lawyer, call 606-657-0082 or contact us by e-mail.