Workers Compensation In Kentucky
May 14, 2019
Have You Had an Accident at Work? Concerned About how To File a Workers Compensation Claim?
You should provide your employer with a notice of your accident as soon as possible after the accident in order to ensure proper filing of a workers’ compensation claim. Provide your employer with a notice in writing detailing your personal contact information, the cause and extent of the injury, named witnesses, and the work you were engaged in at the time of injury. You or an individual who may rightfully claim payments on your behalf (i.e. a dependent or survivor, should you die) may commence or file a workers’ compensation claim. You or the person seeking compensation on your behalf must sign the notice.
Once you provide your employer with information concerning your accident, your employer is expected to maintain a record of all injuries he receives. Should you suffer from an injury that causes you to miss at least one day of work, your employer should file a report with the department. Your employer should also provide a report of the alleged work-related injury or disease within three (3) working days of receiving your notification of your accident and/or injury.
Does Your Employer Have Workers Compensation Insurance? Do You Know if Your Covered?
All Kentucky employers are required to carry workers’ compensation insurance or to be self-insured. Your employer must also communicate or post a Workers’ Compensation Notice with information about the insurance program.
After your employer files a report with the department, your employer’s insurance provider will be responsible for making a report to the Department of Workers’ Claims that the insurance provider is aware of the injury and a potential workers’ compensation claim.
Are There Conditions that Enable You or Prevent You from Claiming Benefits Under Kentucky State Law?
In order to be eligible for a workers’ compensation benefits program, you, the employee, must suffer from a work-related injury or occupational disease (with proper filing requirements satisfied as well). Employees are entitled to benefits if injured while performing normal duties during regular working hours or have been diagnosed with a disease or illness as a result of long term exposure to hazards in the workplace.
Most employees are covered by the Workers’ Compensation Act; however some kinds of employees are exempt from mandatory workers’ compensation coverage. These include farm workers, workers employed within the home (domestic servants), independent contractors of certain sorts, workers protected by federal laws, and members of certain religious denominations whom are exempt from the Workers’ Compensation Act.
Kentucky law permits employees to receive benefits even if the employee’s mistake or negligence causes the accident. However, this may bar the employee from receiving full benefits. Of course, our Worker’s Compensation Attorney’s at Spencer Law Group are here to help you navigate through this complicated process.