Blog

Workers' Compensation in Kentucky

February 12, 2016  |  injured on the job, workers compensation

            Workers’ compensation is one of the oldest forms of strict liability under the law.  That means that an employee injured on the job and doing his/her regular duties is entitled to be compensated for medical expenses and lost wages without proving that the employer was at fault or in some way negligent.  This qualifier is frequently referred to as the requirement that the injury arise out of the “course and scope” of the employee’s duties for the employer.   If  the injury is the result of deliberate intention of the employee to cause injury; caused by voluntary intoxication or horseplay, the injury is not compensable. 

            Workers’ compensation benefits may also be applicable in some instances if the employee is injured on the employer’s premises while going to or coming from work or if the employee is injured in a traffic accident where that employee is required to travel between sites for work; to make deliveries; run errands or similar activities. 

            There are at least three types of benefits that may be obtained by a worker covered by workers' compensation:

            1.         Medical Expenses.  Medical expenses are paid without regard to fault if the injury occurs in the course and scope of employment and if the injury and its consequences are causally related to the injury.  The employee may select his/her own treating physician, although the employer may have the right to have a doctor of its choosing examine the injured worker or to file a dispute if there is an argument over medical treatment recommended by the physician chosen by the employee.

            2.         Temporary Total Disability Benefits (TTD).  These are wage benefits that are based upon the employee’s average weekly wage arising out of the employment.  The average weekly wage is determined by looking back from the date of the injury over an average of quarters to arrive at the average weekly wage.  There are state recognized minimums and maximums for this benefit.  TTD is paid from the first day of the injury if the employee is off work for at least two consecutive weeks.  Thereafter, TTD is paid during the time that the employee is unable to work.

            3.         Permanent Partial Disability Benefits (PPD).  If the work related injury causes a permanent partial disability measured by the American Medical Association Guides to the Evaluation of Permanent Impairment, the employee may be entitled to an award of PPD.  PPD is based upon two-thirds of the average weekly wage multiplied by the percentage of impairment and then multiplied by a disability factor set by statute based upon the percentage of permanent impairment.  PPD is generally payable only for 425 weeks after an employee returns to his/her regular employment. 

            Workers’ compensation claims must be brought within two years from the date of the injury or the date of the last payment of wage benefits (usually TTD).  Claims are handled in an administrative context and an administrative law judge (ALJ) is assigned to resolve or decide a case once it is filed.  There are no filing fees for workers’ compensation cases but treating physicians will charge to prepare a report, provide records, and/or give deposition testimony. 

            If you have been injured on the job, please contact one of the attorneys in our firm and we will be glad to assist you to obtain benefits available under Kentucky workers’ compensation.

 

Author: Gary J. Sergent