Legal Recourse for Workplace Injuries Under Kentucky’s Laws

What Are Some Common Workplace Injuries in Kentucky?

Nearly any part of the body can be injured in a workplace accident in Kentucky. This list is by no means complete, but some of the most common workplace injuries include:

• Broken bones
• Traumatic brain injuries (TBIs), which include concussions
• Hearing loss
• Black lung disease (common among Kentucky coal workers)
• Amputations or loss of limbs
• Sprains and strains
• Soft tissue injuries
• Back injuries
• Burns

What Are My Legal Options if I Was Injured in the Workplace in Kentucky?

Kentucky law requires every employer, with even just one employee, to have some form of workers’ compensation insurance. That means most employers should have protection for workers, including coverage for state, county, or city employees; service employees; someone working under contract for hire; any executives; volunteer firefighters; newspaper delivery people; and aides and assistants whether paid by the employer or the employee who uses their services.
However, there are several categories of exemptions from the mandatory workers’ compensation coverage. Those not required to be covered include:

• Agricultural employers and workers
• Some religious organizations
• Federal workers who already have coverage through the Federal Employee’s Compensation Act
• Domestic workers who work fewer than 40 hours per week in a private home, if there are fewer than two
• While compensation coverage isn’t required in the categories above, the employer can voluntarily provide it.

What Is and Isn’t Covered by Workers’ Compensation in Kentucky?

Workers’ compensation in Kentucky covers nearly any physical injury experienced by someone while they worked. In some cases, psychological injuries may be covered as well, as long as they’re related to a physical injury (for example, post-traumatic stress disorder [PTSD] after a physical injury).
Injuries can be those experienced in accidents or from long-term development, such as carpal tunnel (the latter often known as “wear and tear” injuries). For employees who work with asbestos, coal dust, or other chemicals that can negatively impact the human body, conditions caused by those substances are usually covered.
There are some situations where workers’ comp won’t apply, including someone commuting to and from work. However, injuries may be covered if an employee travels for work. Other situations that aren’t covered include injuries caused when an employee was intoxicated while at work, engaged in self-harm, or engaged in joking or careless behavior (horseplay).

What Does Workers’ Compensation in Kentucky Pay For?

Several things are paid for through workers’ comp.

• Medical bills. This includes doctors, chiropractors, hospitals, and diagnostic costs. The injured employee doesn’t have to make co-payments or pay down a deductible as long as the bills were all for the injury suffered at work.
• Travel expenses to medical appointments and treatment sessions.
• Medical equipment, including wheelchairs, walkers, and crutches.
• Medications related to the injury.
  Lost wages. Once an employee has been away from work for a minimum of seven days because of a work-related illness or injury, they can receive two-thirds of their average weekly income. After 14 days have elapsed, they’ll receive payment for the first seven days. Those figures will include overtime pay if the employee would have received that, too.

Is There a Deadline to Apply for Workers’ Compensation in Kentucky?

Yes, and it’s vital that this deadline (known as a statute of limitations) isn’t ignored, or you may have no further legal recourse. In Kentucky, the injured party must file for compensation within two years of the injury occurring or the date the injury was identified and diagnosed.

Does Having Workers’ Compensation Mean I Can’t File a Lawsuit?

If your employer offers workers’ compensation insurance, that usually means you can’t sue them. However, some situations sometimes involve third parties outside of the employer. For example, if you were injured at work by someone driving a vehicle for another company (a delivery truck, etc.), you may be able to sue a third party for the injury. If you’re unsure who’s fully responsible for your injury, contact an experienced personal injury attorney as soon as possible.

What if Workers’ Compensation Denied My Claim in Kentucky?

It seems like it should be straightforward: Someone is injured while on the job, they file a workers’ compensation claim, and they receive payment. Unfortunately, the process doesn’t always go as smoothly as that.
Some situations will be denied, including if someone missed the statute of limitations or filed a claim after leaving the job where they were injured. But there are other times when the claim should be approved and yet is denied.
Besides being frustrating (and costly if you’ve lost wages and have outstanding medical bills), considering the following steps can also be daunting. But you have the right to file an appeal. There may be a hearing where you can bring evidence of the injury and how it happened at work. That may involve letters from doctors along with medical records or testimony from anyone who witnessed the injury happen. The judge at the hearing then has 60 days to respond.

What Should I Do if I Was Injured at My Workplace in Kentucky but Workers’ Compensation Denied My Claim?

Call Shannon C. Smith as soon as possible at 859-710-9001to request a free case evaluation. We understand how traumatic and frustrating this is for you. Our team of experienced, knowledgeable workplace injury attorneys can review your specific case and advise what course of action to take to achieve the best possible outcomes.