Workers Compensation Laws in Kentucky

Workers compensation is a system of laws meant to protect injured and disabled workers. The goal is to make sure someone injured at their workplace gets adequate medical care, lost wages relating to the on-the-job injury, and, if necessary, and any retraining necessary to restore them to the workforce.

If workers are killed on the job, members of the workers' families are typically eligible for workers compensation benefits. Injured workers may want to consult an attorney for advice in protecting their benefits and defending against any attempt to prematurely terminate their benefits.

Workers Compensation is Compulsory in Kentucky

Workers compensation insurance is compulsory in Kentucky, meaning that employers are required to provide worker's compensation insurance for their employees. It can be provided through a competitive state fund, a private insurance carrier, or employers may self-insure. Waivers are not permitted.

Agricultural employers are not compelled by law to provide workers compensation, but two or more domestic workers in a private home for forty or more hours per week are covered by the state worker's compensation act.

Medical Benefits and Choice of Physician in Kentucky

There are no time or monetary limits to the full medical benefits stipulated by Kentucky law, and the employee makes the Initial choice of physician.

Disability Benefits Provided in Kentucky

Payments for temporary total disability are determined as a percentage of wages, and continue for the duration of the disability. Benefits terminate when the employee qualifies for Social Security benefits.

Payment for permanent total disability is also based on a percentage of wages and continues for the duration of the disability. Payments end when the employee qualifies for Social Security benefits.

Permanent partial disability payments are also based on a percentage of wages and can last for up to 425 weeks.

Death Benefits Provided in Kentucky

An employee's surviving spouse, or spouse and children, can collect death benefits based on a percentage of the employee's wages and subject to a cap. A minimum benefit is provided regardless of the employee's earnings. A funeral allowance may be available.

Limits on Attorney Fees

Kentucky workers compensation laws stipulate that attorney fees for claimants are limited to 20% of the first $25,000, 15% of the next $10,000, and 5% of the balance up to a maximum of $12,000.00. In certain cases, the attorney fee may be added to the award.

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