The lawyers at Kentucky Injury Law Center are here to make workers’ comp work for you by guiding you through every step of the process.
Temporary vs Permanent Disability in Kentucky
How to Receive Workers’ Comp Disability Benefits
Following an accident in the workplace or discovering a job-related illness, Kentuckians are entitled to receive workers’ compensation benefits to cover their injuries. However, the process of receiving these benefits can be long and complex. If you suffer an injury that causes you to take a short period of time off of work or are placed on restrictions that your employer can not accommodate, we can help you receive the benefits you need, including compensation for temporary and permanent disabilities.
To learn more, reach out to our Bowling Green attorneys today at (270) 423-0023.
What Type of Disability Benefits Am I Eligible For?
Depending on the severity of the work-related injury or illness, Kentucky provides disability benefits to compensate employees who must stop working for the short or long term in order to recover.
There are four types of disability benefits available in Kentucky:
- Temporary Total Disability (TTD)
- Temporary Partial Disability (TPD)
- Permanent Total Disability (PTD)
- Permanent Partial Disability (PPD)
Your doctor will determine what you can and can’t do and for how long as a result of your injury. For example, you may be unable to lift heavy objects or sit for long periods of time. These can limit your ability to work as well as your earning potential. Disability benefits kick in to make up for the loss.
Temporary Disability Benefits
If you suffer an injury that causes you to take a short period of time off of work, you should qualify for Temporary Total Disability (TTD) benefits. In Kentucky, this is calculated as either two-thirds of your weekly earnings or two-thirds of the state’s average weekly wage, whichever is lower.
Your recovery will be monitored by your doctor. Once they determine that you have reached your maximum possible recovery, TTD benefits will end.
Permanent Partial Disability Benefits
Once your doctor determines that you’ve reached the point of Maximum Medical Improvement (MMI), you can then qualify for Permanent Partial Disability (PPD). To be entitled to a PPD award, you must have a permanent impairment as result of your injury. In some cases, you may have a physical impairment rating, and a mental impairment rating that can be combined. If your injury initially resulted in the award of PPD benefits, you are still entitled to compensation in Kentucky even if you are eventually able to return to work. However, if you are unable to return to the same type of work you were doing previously while making the same amount of money, your PPD award will be tripled.
However, if you are unable to return to the same type of work you were doing previously while making the same amount of money, you may be entitled to an enhanced PPD award based on your age, education and current sources of income. PPD benefits are typically paid out over a 425 week period; however, in some cases PPD is extended to 520 weeks. Further, PPD benefits terminate at the age of 70 regardless of how many weeks are remaining.
Permanent Total Disability
If your work injury or illness results in consequences so severe that you can no longer keep your old job or get a new one, you will qualify for Permanent Total Disability (PTD). Your PTD compensation, just like TTD, is two-thirds of your weekly earnings or two-thirds of Kentucky’s average weekly wage, whichever is lower.
If your work injury or illness results in consequences so severe that you
can no longer work at your old job or any job, then you may qualify for
Permanent Total Disability (PTD).
You will receive PTD until the age of 70 or until you remained disabled to work, which ever occurs first.
Get a Kentucky Lawyer on Your Side
Our attorneys have the knowledge and the expertise to ensure that you get
the maximum benefits you deserve, whether it is temporary income benefits
or permanent income benefits. When it comes to permanent income disability
benefits, our attorneys are often able to get our clients that money paid
in one lump sum instead of getting it in small increments over 425 weeks.
We possess the experience and dedication required to help you get the
best results from your workers’ compensation case.
Contact us to schedule your complimentary case evaluation today.
Case Results
Your Success Is Our Success-
Accident in Company Truck Settlement $150,000
J.W. had worked as a truck driver for over 10 years when he was involved in an accident while driving. J.W. thought he would be ok and did not seek immediate attention; however, that turned out not to be the case. He sought medical treatment and even though the insurance carrier paid for some of the medical treatment, it quickly paid its own doctor to state all of J.W.’s symptoms were not related to the accident.
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Injured Delivery Person
It started with a call –someone had slammed into the back of our client’s car while the client was on the job. The other driver had tried to pass our client over a solid yellow line because he didn’t see that she was turning. Our client had neck surgery and didn’t know what to do.
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Settlement for Hydraulic Equipment Injury $150,000
K.G. injured his neck while working on hydraulic equipment. Initially, the insurance carrier argued that his neck condition was a degenerative condition and that it was not responsible for paying for any medical treatment.
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Settlement for Utility Lineman Falling on the Job $100,000
N.W. suffered serious injuries after falling from 20 feet working as a utility lineman. The insurance company paid for N.W.’s medical bills and paid him TTD income benefits when N.W. was released from work, the insurance carrier sent him a settlement offer for $20,000.00 to settle his work compensation claim.
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Severed Thumb on the Job Settlement $70,000
Like many injured workers, J.H. thought his employer would take care of him after injury severing part of his thumb while helping the employer is a secondary business. The employer tried to claim that J.H. was not an employee of the secondary business and the insurance company denied giving J.H. any income or medical benefits.
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Shoulder Injury Settlement $150,000
A.M. was an employee of a government agency in Louisville. He injured his shoulder at work and was not sure what the next steps were to take as he did not think he could return to his old job.
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Workers' Compensation for a Police Officer $150,000
Our client was a 30 year veteran for law enforcement officer whose career ended after a tragic shooting. The officer had worked his way up the chain of command, starting as a patrol officer and ending as a Lieutenant.
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Workers' Compensation for Traumatic Brain Injury $350,000
J.P. had been a hard worker all his life. He had worked at his employer for over 26 years, rarely missing a day. However, it only took one day for his life to change when a compressed coil spring got loose and struck him in the head, causing to fall and injure his back as well. J.P. suffered both a traumatic brain injury and traumatic back injury requiring several surgeries.
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Workers' Compensation Settlement $130,000
J.D. approached Kentucky Injury Law Center after the insurance denied his claim. JD had previously undergone back surgery but had fully recovered from that surgery when he injured his back while working for his new employer.
