Workers’ Compensation claims in Kentucky
Credit goes to KY Department of Labor (Guidebook)
In Kentucky, the Workers’ Compensation Act provides different benefits to employees who are injured from job-related accidents or those who developed a disease from workplace exposure. Workers’ Compensation is also considered an “exclusive remedy” in Kentucky for injured workers meaning that the exchange for the protection that workers’ compensation coverage offers, the employees surrender their rights to sue their employers in court for damages from the workplace. The benefits can include partial wage replacement, payment of medical treatment and helping the injured employee have an acceptable employment.
Barring a few exceptions, all Kentucky employers are liable to the Workers’ Compensation Act and required to carry the insurance even if it’s not many employees. It is mandatory that the employers inform their employees about the Workers’ Compensation insurance carrier and policy number. If you are too sure about the insurance information, call the Department of Workers’ Claim at 1-800-554-8601.
Even though it sounds like all employees may be eligible for Workers’ Compensation, but not everybody is qualified for it. Those exemptions include farm employees and workers employed as domestic servant in a home less than two-full time employees. Independent contractors are not accessed to Workers’ Compensation benefits unless if he/she purchased his/her own policy. Temporary employees are also considered as employees that must have insurance coverage and the leasing corporation must register with the Department of Workers’ Claim to show that the insurance coverage has been secured for where the employees work at.
As an employee in Kentucky, you are entitled to have these rights:
The laws of Kentucky states that if employees were to miss more than one day of work due to work-related injures, it is absolutely mandatory that the employers and insurance carriers report to Department of Workers’ Claim about it. After that, there are more regulations for employers and insurance carrier to follow. The report must be filed electronically as described by KYS 342.038. After the first report about the injured worker, the employers and insurance carriers must also submit Subsequent Reports of Injury highlighting the injured worker’s return to work, payment of temporary disability benefits and settlements. If the injury workers’ Temporary Total disability last more than 60 days, then the employer/insurance carrier must file an additional supplemental report. If the workers’ Temporary Total disability benefits were to be changed or terminated, the Department of Workers’ Claim must be notified of this.
If ever suspicious about a potential fraud related to Workers’ Compensation benefits, incidents should be reported to Department of Workers’ Claim at 1-800-544-8601. It is illegal to knowingly permit or file a false claim to Workers’ Compensation as well misrepresent the facts to avoid circumstances under the laws. Insurance carriers can also be fined from $1,000 to $5,000 if violations of unfair settlement are acted upon. If insurance carriers were to consitently violate the rulers of Workers’ Compensation, then it is possible that their license may be removed.