Workers' Compensation law in state of Kentucky

Rose McGuire · #1 06-01-2005, 03:39 PM

Q- A employee that was hired in the state of Texas, moved to Kentucky and payed by employer in Kentucky, taxes are being withheld in Kentucky from payroll , residence is in Kentucky for the last 3 years, was injured in Ohio (employee travels from state to state) and claims are not being paid on w.c. claim, what state is responsible to pay the claim??
and if they won't what are the options the employee has to persue to get compensated on claims?

aaron · #2 06-01-2005, 04:26 PM

Given that everything but the location of the accident (and the initial hire) is based in Kentucky, coverage should be through the employer's Kentucky WC policy. There may be problems if the carrier disputes that the injury was work-related, or the employer did not secure coverage which extends to injuries suffered in other states; if you are experiencing problems of that type, you may wish to consult with a Kentucky workers' compensation lawyer about your situation and possible remedies.

Rose McGuire · #3 06-01-2005, 04:52 PM

Injury was work related, Employer is paying workers comp in that state as well, so your saying if the policy for that state reads that injuries out side of the state are exempt.?

aaron · #4 06-01-2005, 05:14 PM

No, I am stating that the employer needs to make sure that an insurance policy covers out-of-state injury, if employees are performing work in other states.

If the employer is paying workers' compensation benefits, what's the problem?

Rose McGuire · #5 06-01-2005, 06:42 PM

Thanks for the reply,
the problem is i've been working with the workers' comp ins. co. to re-open the claim because they closed it initially because they fell that there is not governing proof that they are responsible for claim !!!
so in the mean will she since nov. of last year has been seeking medical care most of the bills are around thetime frame of the injury nov. /dec.
they to this day will not re-open claim said it isn't their problem, so bills are going into collection!!.
I need to know what step i can take further to get this resolved??
Any imput???

aaron · #6 06-01-2005, 09:40 PM

If the workers' compensation insurance carrier is declining bills made reasonably necessary by a work-related injury, you should consult a workers' compensation attorney in the state at issue (Kentucky) about your rights and the possibility of litigating a claim.

Rose McGuire · #7 06-02-2005, 02:28 AM

THANK YOU
FOR YOUR ADVISE

I will keep you posted on result.
For future situations.