Benefits For Workers Compensation in Kentucky
May 14, 2019
What Benefits Might You Be Eligible to Receive?
Workers’ compensation benefits can include, but are not limited to, medical expenses, wage replacement, and vocational training and rehabilitation.
Kentucky workers’ compensation law recognizes three types of disability of which employees may obtain benefits for- temporary total, permanent partial, and permanent total.
Temporary Total Disability benefits are paid to an injured employee who is unable to return to work for more than seven days. The first seven days are recoverable only should the employee’s absence from work exceed two (2) weeks.
Kentucky does not provide benefits for temporary partial disability benefits. Under some other states’ workers’ compensation programs, these benefits are paid in the amount of the difference in wage earnings should the employee return to work, but return earning less than what the employee made pre-injury. Kentucky does not provide benefits of this sort.
Permanent Total Disability benefits are paid when the employee suffers an injury that results in the permanent inability to perform any type of work. This status is determined only after full medical improvement has been paid. While the employee’s condition is stabilized, this means that no significant improvement is likely to be made.
Permanent total disability will be presumed in the following circumstances:
Total or permanent loss of sight in both eyes
Loss of both feet at or above ankle
Loss of both hands at or above the wrist
Loss of one hand above the wrist or loss of one foot above the ankle
Incurable insanity or imbecility
Total loss of hearing
Permanent Partial Disability benefits are paid when the employee has a permanent disability, but can return to work. Permanent will describe the type of injury, not the term of payment.
Calculation of payment will depend largely on the extent of your injury, how long you have been out of work, and whether you will be able to return to work. Typically, the payment will be a percentage of your average weekly earnings earned prior to the injury.
How Much Time Do You Have to File Your Claim? What Are the Stages of The Claims Process? What Should You Expect?
Workers’ compensation claims are usually settled or agreed upon by you-the injured employee- and your employer. However, if a settlement doesn’t seem feasible, there are opportunities through the state workers’ compensation department to litigate the claim. To begin this process, you, the employee, must apply for an adjustment of clam with the Department of Workers’ Claims. The Department will then assign the case to an Administrative Law Judge (ALJ) to schedule a benefit review conference. A benefit review of conference is an informal proceeding where your case will be discussed. The ALJ will assist in trying to attain settlement, but if one is not possible will determine which issues of the case will need to be resolved.
If issues persist beyond the informal hearing with the ALJ, the ALJ may schedule a formal hearing in a proceeding very similar to a trial. An ALJ will also preside over this hearing and is expected to issue a statement of decision within sixty (60) days of the hearing date.
If you or your employer is not satisfied with the determination made at formal hearing, either of you may file an appeal to the Workers’ Compensation Board. The appeal will deal solely with whether the ALJ erred in apply the law to the facts of the case.
If You're Not Happy with The Determination, Can You Appeal?
Kentucky law articulates that an administrative law judge may not reopen or review any award or determination of a workers’ compensation claim for four years unless the issue upon review will relate to fraud; newly-discovered evidence which could not have been realized with the exercise of due diligence; mistake; and change of disability.
However, the decision of the Workers’ Compensation Board will be subject to the review of the Kentucky Court of Appeals, based on all matters subject to review by the board and including errors in the application of the law. We at Spencer Law Group are here to help you navigate through your Worker’s Compensation Claim.