Kentucky Law Blog

Mark’s Notes on Legal Topics of Interest

How does Workers’ Compensation work in Kentucky?

As a Kentucky worker, you probably know that you likely can file a claim for Workers’ Compensation if you suffer an on-the-job injury or contract a work-related illness. But you may not know if you are actually eligible for work comp or, if so, how to go about filing a claim.

The Kentucky Department of Workers’ Claims explains that you can file a work comp claim only if you are a qualified employee such as one of the following:
• You work under an express or implied contract for hire.
• You are an executive officer of a corporation.
• You work for the state, county, or city.
• You are a volunteer firefighter.
• You sell or deliver newspapers.
• You perform services in a business or trade.

Unfortunately, you will not qualify for workers comp if you are one of the following:
• Agricultural worker
• Domestic worker who works fewer than 40 hours per week in a home
• Sustenance worker for a charitable or religious organization
• Worker covered by a Federal act such as the Federal Employer’s Liability Act, the Longshore-Harbor Workers Act, the Jones Act, etc.
• Independent contractor
• Worker who elects voluntary work comp exemption

Workers’ Compensation insurance
Your employer must carry workers comp insurance, but (s)he can choose how (s)he wants to do it. For instance, (s)he can self-insure in-house, self-insure through a self-insurance group, insure through the State of Kentucky, or insure through a private insurance company.

Filing a claim
If you receive an on-the-job injury, you should seek immediate medical attention. If your employer has a managed care plan, you must choose one of that plan’s health care providers. Then you should notify your employer of your injury as quickly as possible. Next, you must file an Application for Resolution of Injury Claim, including attachments, with the Kentucky Division of Claims Processing. They will route your claim to the Division of Claims Processing for review and docket assignment. Finally, you must submit your completed Application For Resolution of Injury Claim, plus attachments, to the Department of Workers Claims in Frankfort, Kentucky.

This is general educational information and not intended to provide legal advice.

On behalf of Mark Knight Attorney at Law