In Kentucky, you don’t have to prove that your employer was negligent in causing your injury. Kentucky workers’ compensation law recognizes that accidents on the job happen. So workers’ compensation law in Kentucky offers no fault benefits. That means even if you were partly at fault in the accident, you still get to recover certain benefits. You may have some of the following questions.
WHO IS COVERED?
With only a few exceptions, all Kentucky employees are covered by the Workers’ Compensation Act and Kentucky employers are required to carry workers’ compensation insurance or become self-insured. This law applies even to the employers that have only one part time employee. However, employers engaged exclusively in agriculture are exempt from this statute.
WHAT IS A WORK RELATED INJURY?
KRS 342.0011 reads “Injury means any work-related traumatic event or series of events, including cumulative trauma, arising out of and in the course of employment which is the proximate cause producing a harmful change in the human organism evidenced by objective medical findings.”
What are some of my responsibilities if I suffer a work accident as an employee?
If it’s an emergency, the first thing you need to do is seek medical attention. Employees must also immediately (or “as soon as practicable”) notify a supervisor of the accident.
WHAT KIND OF BENEFITS DO I GET IF I AM INJURED ON THE JOB?
As an employee in Kentucky if you are injured while working you may get to recover from four types of benefits: 1) Injury Related Medical Treatment; 2) Temporary Total Disability (TTD); 3) Retraining; and 4) Payment for a permanent injury.
INJURY RELATED MEDICAL TREATMENT
In Kentucky, an employee who is injured while working is entitled to recover payment for any medical treatment and services related to that injury. You are entitled to choose your own doctor, with certain exceptions. In addition, an injured employee is entitled to future medical treatment that is reasonably related to the work injury. We will work hard to get your medical bills paid so you don’t get stuck with the bill.
TEMPORARY TOTAL DISABILITY
If your doctor says that you cannot work for more than seven (7) days then you are entitled to TTD benefits for each day thereafter. If your doctor says that you cannot work for two (2) weeks, then you are also entitled to payment for the first seven (7) days. During this disability, you are entitled to be paid 2/3rds your average weekly wage. This payment will continue until a doctor believes that you have reached maximum medical improvement (MMI).
If you are not able to go back to the type of work that you were doing then you may be eligible for vocational rehabilitation that involves training and/or schooling to return you to gainful employment.
PAYMENT FOR A PERMANENT INJURY
If a doctor gives you an impairment rating per the American Medical Association (AMA) Guidelines, then you may be entitled to additional payments for your injury. The law looks to several factors to determine this amount such as your education, your impairment rating, your average weekly wage, whether you can return to same type of work at the same pay, as well as other factors. Those factors are plugged into a formula to determine the type of payment you deserve as a result of your work accident.
If you feel that you have been denied worker’s compensation or want to make sure you do not miss out on compensation you deserve. Call attorney Daniel Alvarez at (502) 272-2006 or fill their contact form to discuss your case now.