Kentucky Worker's Compensation Benefits
By Aaron Larson
Important Notice: The following overview of Kentucky's worker's compensation (workmans comp) benefits is presented on an as-is basis. This information is believed accurate as of the date of authorship, but is not intended to provide a complete analysis of available benefits and may not reflect subsequent changes in the law. For a full review of Kentucky's worker's compensation law, or for a determination of how the law applies to a specific worker, please consult a worker's compensation attorney licensed to practice in the state of Kentucky.
- Special Employment Situations
- Medical Benefits & Choice of Physician
- Disability Benefits Provided
- Death Benefits Provided
- Limits on Attorney Fees
Kentucky's system of worker's compensation (workman's comp) is compulsory, meaning that employers are required to provide worker's compensation insurance for their employees. Worker's compensation insurance may be provided through a competitive state fund, a private insurance carrier, or employers may self-insure. Waivers are not permitted.
Agricultural employers may secure worker's compensation coverage voluntarily, but are not statutorily compelled to do so. Two or more domestic workers regularly employed in a private home for forty or more hours per week are covered by the state worker's compensation act.
Full medical benefits are provided to employees entitled to worker's compensation benefits, with no time or monetary limits. Initial choice of physician is made by the employee.
Payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker's wage, subject to weekly maximum and minimum payment amounts. Payments continue for the duration of the disability, although benefits terminate when the employee qualifies for Social Security benefits.
Payments are made for permanent total disability (PTD) based upon a percentage of the worker's wage, subject to weekly minimum and maximum payment amounts. Payments for PTD continue for the duration of the disability. PTD payments terminate when the employee qualifies for Social Security benefits.
Payments for permanent partial disability (PPD) are made based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PPD may continue for up to 425 weeks.
Physical and vocational rehabilitation benefits are available.
With certain constraints and filing deadlines, occupational hearing losses may be compensable.
Death benefits are payable to an employee's surviving spouse, or spouse and children, based upon a percentage of the employee's wages, subject to a cap. A minimum benefit is provided regardless of the employee's earnings. An allowance for transportation of the employee's body and burial expenses may be available.
Attorney fees for claimants are set by statute at 20% of the first $25,000, 15% of the next $10,000, and 5% of the balance up to a maximum of $12,000.00. In certain cases, the attorney fee may be added to the award.
Copyright © 2003-2011 Aaron Larson. All rights reserved. No portion of this article may be reproduced without the express written permission of the copyright holder. If you believe you may lawfully use a quotation, excerpt or paraphrase of this article under the Fair Use exception to copyright law, except as otherwise authorized by the author of the article, you must cite this article as a source for your work and include a link back to the original article from any online materials that incorporate or are derived from the content of this article.