Kentucky Workers’ Compensation: What To Know
Last updated on February 20, 2025
Given the complicated, tedious nature of the workers’ compensation system, you probably have a lot of questions about it. Michael Eubanks, our experienced workers’ compensation attorney, can answer them. At Shumate, Flaherty & Eubanks, PSC, he helps the workers of Kentucky through the complex workers’ compensation claims process. On this page, you can read some answers to clients’ frequently asked questions.
When should I contact an attorney to represent me on my work injury claim?
You should contact a lawyer as soon as you are injured. The sooner you hire counsel, the easier the transition from injury to successful resolution of your claim will be.
Can I recover pain and suffering for my workers’ compensation case?
No. In workers’ compensation cases, monetary damages are limited to your occupational disability. That disability is capped at two-thirds of your average weekly wage times your percentage of impairment as determined by utilizing the American Medical Association’s Guides to the Evaluation of Permanent Impairment, 5th edition.
If I file a workers’ compensation claim, is my case decided by a jury?
No. Workers’ compensation cases are administrative in nature and are decided by an administrative law judge. A workers’ compensation claimant is not entitled to a jury trial.
What is the procedure for filing a workers’ compensation claim?
Your attorney, with your assistance, will fill out and file various forms. They will detail how your work injury occurred, whether notice was given, which body parts were involved, and your chronological work and medical histories.
Once these forms are filed with the Department of Workers’ Claims, a scheduling order is issued, which contains the name of the administrative law judge who will decide the case, the scheduled date of your benefit review conference and the deadlines for each party to submit evidence from their respective doctors to assist the administrative law judge in deciding the case.
What is a benefit review conference?
A benefit review conference is a meeting scheduled with the administrative law judge and opposing counsel. The parties involved stipulate to agreed-upon facts and issues and list the contested issues to be addressed at the final hearing at which time, the judge will make a decision based on the evidence of record.
How much will I receive while I am getting treatment and recovering from my work injuries?
You will receive roughly two-thirds of your average weekly pay (referred to as temporary total disability).
What is temporary total disability (TTD)?
Temporary total disability is the condition of an employee who has not reached maximum medical improvement (MMI) from an injury and has not reached a level of improvement that would permit a return to employment. This is the money you will use to pay your bills while your case is pending and you’re receiving treatment for the cure or relief of your work injuries.
What happens after my temporary benefits are cut off?
Once you reach MMI and/or return to work, your case will proceed to either a hearing or a settlement. There are two types of awards you can receive:
- Permanent partial disability, which is the condition of an employee who, due to an injury, has a permanent disability rating but retains the ability to work
- Permanent total disability, which is the condition of an employee who, due to a work injury, has a complete and permanent inability to perform any type of work
How long can I receive benefits?
If you are permanently and totally disabled, under a law that went into effect July 14, 2018, you can receive two-thirds of your average weekly wage up until 70 years of age. If you are less than 100% occupationally disabled, then you could receive workers’ compensation benefits for either 425 weeks from the date of your injury or 520 weeks, if your permanent disability rating is greater than 50%.
If I file a workers’ compensation claim, will I lose my job?
No. You can still receive workers’ compensation and work. If, however, due to your work injury, you are unable to return to work, then your employer does not have to hold your job. In summary, after a reasonable period of time, you will need to be able to physically return to work or your employer can fill your position. There is no right to work in Kentucky.
How long do I have from the date of my injury to file a workers’ compensation claim?
You will have two years from the date of injury or two years from the last payment of temporary total disability, whichever is longer.
How much do I have to pay an attorney to handle a workers’ compensation claim?
Your lawyer’s fees are set by law. Your attorney does not get paid unless you do. The fees are 20% of the first $25,000 you recover, 15% of the next $25,000 and 10% of the remaining award you recover. Your fees, however, will never exceed more than $18,000.
What kind of benefits, in addition to workers’ compensation benefits (weekly, biweekly or lump-sum cash award), am I entitled to?
In addition to a monetary award, you are entitled to payment of reasonable and necessary medical expenses incurred for treatment of the body parts that were injured. You are also entitled to workers’ compensation benefits, such as reimbursement for prescription drugs and round-trip mileage incurred for your treatment.
Do you have additional questions? Contact our Richmond, Kentucky, attorney at Shumate, Flaherty & Eubanks, PSC today. Reach out online or call 859-353-0878.