Changes To Workers’ Compensation Laws
Last updated on February 21, 2025
There have been several changes to the Kentucky workers’ compensation laws and some of the rules concerning benefits. House Bill 2 (HB2), signed by former Gov. Matt Bevin on March 30, 2018, added several clarifications, changes and limitations on the previous workers’ compensation rules.
At Shumate, Flaherty & Eubanks, PSC, our workers’ compensation attorney can answer your questions. On this page, you will find straightforward information about the changes to workers’ comp law in Kentucky.
Click on the links below to learn more about some of the key changes that went into effect.
Injury as a result of voluntary intoxication
Cumulative trauma injuries and illnesses
Interest due on past-due benefit payments
Utilization review by a workers’ compensation carrier
Age For End Of Benefits
Receiving disability benefits can be very helpful for workers who have been injured, their spouses and their dependents. Those benefits do eventually come to an end, though. As a result of the most recent legislation, benefits now terminate either at age 70 or four years after the date of injury or last date of exposure – whichever is later. This section of the change is retroactive and applies to all pending cases.
Injury As A Result Of Voluntary Intoxication
Before this bill passed, it was up to your employer to prove that intoxication was the proximate cause of a work-related injury. While it is still the case that employees are not entitled to compensation if the accident was a result of voluntary intoxication, the method of proof has changed. Now, if intoxication is proven by a blood test, then any work-related injury while the employee was intoxicated is presumed to be the result of the intoxication.
Change In Attorney Fee Caps
Prior to the change in legislation, there was a cap of $12,000 for attorney fees with a graduated scale for the plaintiff’s attorney. There is still a cap on attorney fees for lawyers on both sides of a workers’ compensation claim with a graduated scale for the plaintiff’s attorney, but the cap is now at $18,000.
The plaintiff’s lawyer can now collect 20% of the first $25,000 (the same as before), 15% of the next $25,000 (up from $10,000 before) and 10% of the remainder (up from 5% before) – not to go over $18,000. This change applies to all contracts entered into after July 14, 2018.
Cumulative Trauma Injuries
Cumulative trauma injuries and illnesses are those that occur over time. This could include injuries like carpal tunnel syndrome, which develops after years of repetitive movements. Previously, workers’ compensation laws required workers to give notice to their employer as soon as was practical after they experienced or became aware of the injury and within two years from the date of the injury.
HB2 has changed the notice requirement. Now, the worker must provide notice within two years from the date a physician tells them that their cumulative injury is work-related. Since cumulative injuries happen over time, it can be difficult for an employee to know the impact and cause of a cumulative injury.
Ability To Reopen A Claim
This section limits your ability to reopen a claim. While, formerly, it was possible to reopen a claim up to four years after the last order given by an administrative law judge, you are now limited to four years from the finality of the original award or order granting or denying benefits.
This means that even when there are subsequent orders, if you need to reopen the claim later, you are limited to four years from the original award or order, not the last subsequent order. This change applies retroactively.
Interest Due On Past-Due Benefits Payments
There is now a new condition placed on receiving interest for past-due benefits payments. Interest payments will not be made if an administrative law judge finds that the employee is the cause for a delay in the delivery of benefits. The interest rate, which changed in 2017, is 6%.
For any past-due benefits payments that were owed before June 29, 2017, the interest rate is 12%.
Utilization Review By A Workers’ Compensation Carrier
A utilization review gives the workers’ compensation insurance company a chance to look over the request for medical treatment. This allows it to confirm that the benefits it is paying are consistent with the treatment that is being provided, and that the treatment is reasonable and necessary and connected to the work injury.
Under the revised rules, the workers’ compensation insurance carrier paying the claim can now waive a utilization review under one of two conditions:
- The insurance carrier agrees that your recommended treatment is medically necessary.
- You do not elect to go ahead with the recommended treatment.
This change applies retroactively.
Cost Of Medical Records
Prior to this legislation, you or your attorney could be charged up to 50 cents per page for your medical records. Now, you or your attorney can get a free copy of your records. This change applies retroactively.
Treatment Guidelines
Before this legislation passed, you would work with your doctor to determine the best course of treatment for your work-related injury. If the workers’ compensation insurance carrier disagreed, it could challenge the treatment plan and have an administrative law judge decide. Now, the commissioner is required to implement treatment guidelines and a prescription formulary to determine the best course of treatment for the injury.
This change is effective retroactively and applies to all cases regardless of the date of the injury.
Permanent Injury Compensation
In the event of a permanent injury, you used to be able to receive reasonable and necessary treatment for your work-related injuries for the rest of your life. There were no time limitations on how long that lasted and no requirements to keep the benefits in place.
Now, reasonable and necessary treatment will be provided for 15 years after the injury. If, after 15 years, you still require medical treatment, you must file an application to demonstrate that you still need to receive treatment. The application must be filed at least 75 days before the end of the 15-year term or you will risk losing medical benefits. If an administrative law judge determines that treatment is necessary, then the benefits can continue as before. If not, benefits will terminate after 15 years.
There are still lifetime benefits available if you are in one of the below two categories:
- You are permanently totally disabled.
- You are partially disabled and suffered an amputation or partial amputation of the arm, hand, leg or foot; loss of hearing; or loss of an eye or tooth or you have permanent paralysis.
If you are in either of those categories, then you qualify for lifetime benefits with no need for reapplication. This applies to those who were injured after July 14, 2018.
Dedicated Help With Your Workers’ Compensation Claim
When you’re injured and looking for a way to pay your medical bills, the last thing you want to try to navigate alone is complicated legislation. We have flexible appointments available to help you work through your injury claim. In addition, our lawyer knows that when you’re injured, you may not be able to come to our office, so he will meet with you wherever is most convenient for you.
Call Shumate, Flaherty & Eubanks, PSC, in Richmond today at 859-353-0878 to schedule an appointment. You can also send us an email to get started.