Workers Compensation Attorneys

Injured On The Job In Kentucky?

Google ★★★★★ Over 1,000 Five-Star Reviews • Available 24/7. $0 Out-Of-Pocket Forever.
Cranes and heavy equipment at a construction site

Workers’ Compensation Cases in Kentucky

Kentucky workers’ compensation pays for medical treatment and part of lost wages after a work injury, without regard to fault under KRS 342.610. The Department of Workers’ Claims describes it as a safety net for employees that provides medical care and monetary benefits when an employee cannot work because of a work-related injury or occupational disease.

Bigger Share Guarantee®. Free case review. No fee unless we win.

In exchange for those benefits, employees gave up the right to sue their employers in court for damages normally available under common law. That is why a separate injury case, when one exists, is directed at someone other than the employer. The rules for both sides of that line sit in KRS Chapter 342, and KRS 342.700 addresses what happens when another person is legally liable.

Employers and Workers Covered Under KRS Chapter 342

Coverage depends on whether the employer and the worker fall inside the definitions in KRS Chapter 342, which can reach past a job title.

  1. Employers

    Under KRS 342.630, a covered employer is any person, other than one engaged solely in agriculture, that has in Kentucky one or more employees subject to the chapter. The state and its political subdivisions with one or more employees are listed in the same section.

  2. Employees

    KRS 342.640 reaches every person, including a minor, whether lawfully or unlawfully employed, in the service of an employer under any contract of hire or apprenticeship, express or implied. The list also names executive officers of a corporation and people in public service, and all of it is subject to the exemptions in KRS 342.650.

  3. Contractors and Subcontractors

    A contractor who subcontracts all or any part of a contract is liable for compensation to the subcontractor’s employees unless the subcontractor primarily liable has secured payment of compensation, as KRS 342.610 provides. KRS 342.700 also makes a principal contractor, intermediate or subcontractor liable to an employee injured while engaged on the contract work, to the same extent as the immediate employer.

  4. Coverage Regardless of Fault

    Every employer subject to the chapter is liable for compensation for injury, occupational disease or death without regard to fault as a cause, according to KRS 342.610.

Kentucky Workers’ Compensation Benefits by Statute

The Department of Workers’ Claims posts a yearly benefit schedule with the figures for each year.

  1. Medical Treatment

    Under KRS 342.020, the employer pays for the medical, surgical and hospital treatment, including nursing, supplies and appliances, needed to cure and relieve the effects of an injury or occupational disease. Medical services are not subject to copayments or deductibles. Unless the employer has designated a managed health care system, the employee selects the medical providers, and the statute allows one change of designated physician before cause must be shown.

  2. Waiting Period

    Under KRS 342.040, no income benefits are payable for the first seven days of disability unless disability continues for more than two weeks, in which case income benefits are allowed from the first day.

  3. Total Disability Rate

    For temporary or permanent total disability, KRS 342.730(1)(a) sets the rate at 66-2/3% of the employee’s average weekly wage, but not more than 110% of the state average weekly wage.

  4. Permanent Partial Disability

    When the permanent disability rating is 50% or less, the compensable period is 425 weeks, and when the rating is greater than 50% it is 520 weeks, under KRS 342.730(1)(d). For how ratings are assigned, see our article on permanent impairment ratings in Kentucky.

  5. When Income Benefits End

    Under KRS 342.730(4), all income benefits terminate on the date the employee reaches age 70, or four years after the injury or last exposure, whichever last occurs.

  6. Offsets

    KRS 342.730(5) through (7) reduces income benefits by unemployment insurance benefits paid for the same period of total disability, by payments from certain exclusively employer-funded disability or sickness plans or salary continuation for the same disability, and, for temporary total disability, by the employee’s gross income minus applicable taxes during light-duty or alternative work.

  7. Vocational Rehabilitation

    When the injury leaves the employee unable to perform work for which he or she has previous training or experience, KRS 342.710(3) entitles the employee to vocational rehabilitation services, including retraining and job placement, needed to restore the employee to suitable employment.

  8. Death Benefits

    When a work injury ends in death, KRS 342.750 sets income benefits for survivors, including a surviving spouse.

Third-Party Cases After a Work Injury

Workers’ compensation does not bar a separate case against someone other than the employer. KRS 342.700(1) applies when an injury covered by the chapter happens under circumstances that create a legal liability to pay damages in some other person than the employer. The injured employee may claim compensation, proceed by civil action against the other person to recover damages, or proceed against both, but the statute says the employee shall not collect from both.

KRS 342.690(1) makes the employer’s liability under the chapter exclusive and in place of all other liability of the employer to the employee. For purposes of that section, the term employer includes a contractor covered by KRS 342.610(2), which means a contractor can share the employer’s exclusive liability. Examples of another person include a negligent driver, an equipment maker or an unrelated company.

If the employee files the civil action, the statute requires due and timely notice of the filing to the employer and the special fund. When compensation has been awarded or paid, the employer, its insurance carrier or a state fund that paid may recover from the other person, not to exceed the indemnity and medical expenses paid and payable to or on behalf of the employee, less a pro rata share of the employee’s legal fees and expense.

Sam Aguiar Injury Lawyers reviews whether someone other than the employer may owe damages in a separate personal injury case, such as a car accident on a work errand, a construction site injury or a premises hazard. Our article on car accident subrogation explains how an insurer’s reimbursement right can affect a recovery.

Disputed Cases, Hearings, and Appeals

The Department of Workers’ Claims says disputes arise over whether the injury or disease happened while working, the severity of the injury, which medical treatment is most appropriate, what capabilities the employer has retained after recovery, or how long benefits are owed. A dispute moves into the formal process when the employee or employer files an Application for Resolution of a Claim with the Department. Parties represented by an attorney file it electronically through the Department’s Litigation Management System, and employees representing themselves may file electronically or on a paper form.

Conference, Decision, and Appeal Steps

The Benefit Review Conference is an informal proceeding before the administrative law judge, where the parties discuss the case, the judge may rule on procedural disputes, and a date is set for the formal hearing. The judge renders a decision within sixty days after the hearing. A party who disagrees may appeal to the Workers’ Compensation Board, which does not accept new or additional evidence, and then to the Kentucky Court of Appeals and the Supreme Court of Kentucky.

Denied Medical Treatment

When the carrier denies requested treatment that needed preauthorization, the request goes through utilization review. A denial must be provided in writing, and the employee or the treating provider may request an appeal that sends the request to a second reviewer, which can include a peer-to-peer review. After the final review decision, the employee may ask an administrative law judge to review it by filing a Motion to Reopen form and a Medical Dispute form with supporting documentation. Our article on Kentucky workers’ compensation denials and appeals walks through that path.

The Department says it is recommended that an injured employee hire an attorney to represent them through the process, and that an attorney is not required.

Reporting a Workplace Injury in Kentucky

The Department tells injured employees to report the injury or occupational disease to the employer as soon as possible, and warns that failing to report in a timely manner may have severe consequences and could preclude the case from proceeding. KRS 342.020(4) lets the employee select medical providers unless the employer has designated a managed health care system, and even then the employee may keep treating with a physician who provided emergency care.

The Department’s FAQ adds that a doctor’s note is required restricting the employee from work or placing restrictions that the employer cannot accommodate. KRS 342.197(1) also bars an employer from harassing, coercing, discharging or discriminating against an employee for filing and pursuing a lawful claim under the chapter. Our article on workers’ compensation cases and second jobs covers how wages from more than one employer can enter the calculation.

Related Resources From Sam Aguiar Injury Lawyers

Medical records being reviewed

Key Takeaways

Kentucky workers’ compensation covers most employees regardless of fault, providing medical benefits and wage replacement for job-related injuries.
Permanent disability benefits under KRS 342.730 are calculated differently depending on whether an injury results in partial or total disability.
A separate third-party case may exist alongside a workers’ compensation case when someone other than the employer, such as a negligent driver or equipment manufacturer, contributed to the injury.

Can You Sue Beyond Workers’ Comp?

Workers’ compensation pays medical care and part of your wages under KRS Chapter 342. When someone other than your employer caused the injury, a separate personal injury case may exist alongside it, and Sam Aguiar Injury Lawyers reviews that side of the case. Most cases qualify in under 10 minutes. Our flat contingency fee never goes up, even if your case is litigated. Call today for a free case review.

Frequently Asked Questions

1Does Kentucky workers’ comp cover all employers?+

Most Kentucky employers are required to carry workers’ compensation coverage under KRS Chapter 342, though certain narrow exemptions exist for specific categories of employment.

2Can I sue my employer directly for a work injury in Kentucky?+

Workers’ compensation is generally the exclusive remedy against an employer for a workplace injury, meaning an employee typically cannot sue the employer directly except in narrow circumstances involving intentional harm.

3What if I was hurt in a car accident while working?+

A work-related car accident can trigger both a workers’ compensation claim and a separate third-party claim against the at-fault driver, since workers’ comp and a liability claim against another negligent party are not mutually exclusive.

4How long do temporary total disability benefits last in Kentucky?+

KRS 342.0011(11)(a) defines temporary total disability as the condition of an employee who has not reached maximum medical improvement from an injury and has not reached a level of improvement that would permit a return to employment. If the employee returns to a light-duty or other alternative job position, KRS 342.730(7) offsets the temporary total disability benefits otherwise payable by an amount equal to the employee’s gross income minus applicable taxes during that work.

5What is the waiting period for Kentucky workers’ comp benefits?+

Under KRS 342.040, no income benefits are payable for the first seven days of disability unless the disability continues for more than two weeks, in which case income benefits are allowed from the first day of disability.

6Can I choose my own doctor for a Kentucky workers’ comp injury?+

Unless the employer has designated a managed health care system, the employee may select the medical providers to treat the injury or occupational disease, under KRS 342.020(4). Even if the employer has designated a managed health care system, the employee may elect to continue treating with a physician who provided emergency medical care. Except for emergency care, treatment is supervised by a single treating physician or physicians’ group, and under KRS 342.020(8) the employee may change the designated physician one time and must show cause to change after that.

7What happens if my employer disputes that my injury happened at work?+

When an employer or its insurer disputes the cause of an injury, medical records, witness statements, and incident reports documenting the event become central to resolving the dispute, often through Kentucky’s administrative hearing process.