KENTUCKY
WORKERS’ COMPENSATION
BENEFITS
Most Kentucky
employees are covered by the
workers’ compensation system
unless they have signed a
written waiver opting out.
Kentucky
Workers’ Compensation is a
no fault system. Even if
the employee is at fault or
was negligent in causing the
injury, the employee can
still receive workers’
compensation benefits.
An employee
who has been injured in a
work related accident is
entitled to receive
temporary total disability
benefits, if he or she is
unable to return to work
during the recover
process.
If the work
accident results in a
permanent injury, then the
employee is entitled to life
time medical benefits for
medical care related to the
work injury.
An Injured
employee may also be
eligible for other benefits
such as retraining programs
paid for by the employer.
Injured
employees are entitled to
permanent workers’
compensation benefits if
they sustain a permanent
injury. Determination of
the injured worker’s
benefits is done through a
complicated process of
applying factors to include
age, education and a
worker’s ability to return
to work. A key element in
determining an injured
worker’s disability is the
impairment rating given by a
physician.
Kentucky law
only provides for benefits
to be paid weekly to the
injured employee. However,
it may be possible to settle
the claim for a lump sum
amount depending on the
circumstances. Without
a settlement, a permanently
injured worker is entitled
to benefits for 425 weeks,
if the disability is 50% or
less. If the disability is
greater than 50%, then the
worker is entitled to
benefits for 520 weeks. If
the worker is determined to
be totally disabled, then
the worker is eligible to
receive benefits until
retirement age. Benefits
stop at retirement age
unless the disability occurs
less than two years from
retirement age, regardless
if the disability is
permanent or total. However,
under no circumstance do
benefits continue for more
than two years after the
worker has reached
retirement age.
Workers’
Compensation laws can be
difficult to understand.
The law changed rapidly in
the past going through some
form of modification almost
ever legislative session.
