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Filing for workers’ compensation in Kentucky: a primer

| Apr 10, 2020 | workers' compensation

Kentucky’s workers’ compensation laws are designed to help employees who are injured or become ill on the job. Under Kentucky law, employers must have workers compensation insurance that will pay for medical treatment, replenish some of an employee’s lost income and fund vocational training, if needed.

Most employees are covered by workers’ compensation, though there are some exceptions.

If you’re injured on the job, or if you become ill and your doctor suspects your illness is work-related, file a written report with your employer. Your employer will give you a claim form that you must complete, and you should do so promptly. Your claims process doesn’t begin until then. 

Once the form is in hand, your employer will involve their insurance carrier to arrange for your medical care and other benefits. File your benefit form as quickly as possible. (Be sure to keep copies of every document you submit.)

Turning in your necessary documents isn’t a guarantee that you’ll receive benefits, however. The insurance company could deny your claim, often citing one of the following grounds:

  • The injury was not reported in a timely manner.
  • The claim was not filed in a timely manner.
  • Your employer says your injury didn’t happen on the job or your illness isn’t related to your work.
  • You didn’t receive medical treatment.
  • There isn’t enough medical evidence to prove your injury is work-related.
  • Your injury doesn’t qualify for compensation.

Of course, you have the right to appeal a denial of your claim, but the delay could keep you from obtaining the medical care you need and the money you need to support your family. Workers’ compensation claims aren’t a lawsuit, and there isn’t a trial to determine benefits. Still, it helps to have an attorney on your side during the claims process to help you from the beginning and especially during the appeal portion of the claim.