Kentucky workers can take advantage of the state’s workers’ compensation insurance laws that in most cases help them if they are injured at work or become ill while carrying out their normal occupation. Workers’ compensation unfortunately does not cover every single worker in the state, so if you are injured or become ill, you should find out what your rights are before considering making a claim. Workers’ comp insurance, when available, usually covers medical costs associated with a work related injury or illness as well as a portion of lost earnings while not available for work. Employment in Kentucky There were over 1.8 million employees in Kentucky, according to the latest available figures held by the U.S. Bureau of Statistics, valid for 2015. 15% of Kansas workers are employed as office workers, the highest proportion of any occupation category. 10% were working in a variety of production occupations, 8% in sales and other similar jobs, 8% in transportation and a further 8% in food preparation and serving. 7% work in health care and 6% in education, training institutions or libraries. Kentucky workers earn on average an hourly rate of only $19.65, while the median annual income in 2015 was just over $40,000, one of the lowest in the country. Workers’ Comp Rules for Employers in the Bluegrass State All employers, with a very few exceptions, must take out workers’ compensation insurance to protect their employees if they develop a work related illness or suffer an accident while at work and become injured. Compensation should be sufficient to cover medical costs during the recovery period, lost earnings and provide compensation if you are unable to return to work. Coverage must be obtained however many employees are employed, even just one. Also, it does not matter whether the employees are employed part-time or full-time. As in other states, there are a small number of exemptions, such as the following: certain agricultural occupations domestic cleaners or workers volunteers, except for volunteer fire fighters, ambulance workers and police. When and Why To File a Claim in Kentucky Workers’ compensation claims may not be settled if the injury or illness occurred as a result of undisciplined behavior, if it occurred during travel to and from work, or as a result of a pre-existing condition. If the employee does not make a workers’ comp claim using the right forms, or delays making a claim for too long, then the compensation awarded may be reduced or denied. Kentucky workers comp. laws require injured employees to file a claim within two years of the injury or within 2 years of an illness developing. Kentucky is a little different from other states, as employees can opt to not file a claim for workers’ compensation but can file a personal injury lawsuit against their employer with the help of their own attorney instead. Why You Might Choose to Seek Help From an Attorney Workers’ compensation claims are not always straightforward. There may be several reasons why a claim is denied or compensation is insufficient. In some cases, you may find that your employer is not even insured or you may decide under Kentucky law to file a personal lawsuit against your employer if you think that you might gain more compensation this way. If any of these concern you, the best advice is to talk to an experienced Kentucky workers’ compensation attorney about your claim.
