Workers' Compensation FAQ Defending the Commonwealth

If you’ve suffered a work-related injury or occupational illness in Kentucky, you are probably wondering what benefits you can get through the state’s workers’ compensation system.

Frequently Asked Questions About Workers’ Comp in Kentucky

Answering All Your Questions About Kentucky Work Accident Claims

Our Bowling Green lawyers at Kentucky Injury Law Center focus our practice mainly on workers’ compensation claims and are happy to answer all your questions. Read this FAQ page to learn the basics and feel free to reach out to us with additional concerns or details about your case.

Call (270) 423-0023 to schedule a free consultation with one of our attorneys today.

What is workers’ compensation?

Workers’ compensation is a form of insurance that kicks in when an employee has been injured or contracted a work-related illness on the job. An employee is provided medical benefits and wage replacement (if they have to take time off work) in exchange for waiving their right to sue their employer for negligence.

What is the time limit on filing a workers’ compensation claim in Kentucky?

The statute of limitations for Kentucky workers’ compensation claims is two years. You must file your claim within two years of either sustaining a work-related injury in an accident or discovering the injury. An example of “discovery” would be a doctor diagnosing you with a cancer that was caused by your work environment over time.

Who qualifies for workers’ compensation benefits?

All employers in Kentucky are required to carry workers' compensation insurance if they have one or more employees. To be eligible for workers' comp, you must suffer from a work-related injury or occupational disease. The law permits people to receive benefits even if their own negligence caused their accident.

However, there are a few exceptions, including farm workers, domestic workers employed in a private home, some independent contractors, workers who are protected by federal laws, and members of certain religious denominations.

If you have been hurt on the job but aren’t sure you qualify for workers’ compensation, you may still have options. Please feel free to give us a call.

What does workers’ compensation cover?

Workers' compensation benefits are determined on a case by case basis, but typically include medical expenses, lost wages, vocational training, and rehabilitation.

Other examples of potential benefits include:

  • Permanent disability
  • Temporary disability
  • Mileage reimbursement
  • Death benefits

Who pays for workers’ compensation benefits?

Your employer’s insurance company will pay out your workers’ comp benefits.

Can you collect workers’ comp and work at the same time?

You can! There are specific benefits that cover a portion of your lost wages if you are forced to miss work, but if your doctor says that you can continue to work despite your injury it should be safe and permissible to do so.

What should an employee do if hurt on the job?

The first thing you should do is seek immediate medical attention. Even if you aren’t in serious pain, a medical exam is a necessary part of the claims process. Next, inform your employer of the incident in writing within 30 days of the accident (or diagnosis in the case of an illness). Again, this is a necessary step, so do this even if your employer already knows about your accident. You should include a detailed description of how the accident happened, including the date, time, and location it occurred. Your employer will then provide you with the necessary paperwork and the next steps.

Do I need a lawyer for a workers’ compensation claim?

While having a lawyer assist you with the workers’ compensation claims process streamlines the process and increases the benefits you can receive, it is not a requirement. If you Feel free to schedule a free, no-obligation consultation with us to further discuss your options.

Have more questions? Or ready to get started on your claim? Give us a call at (270) 423-0023.

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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

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