FAQs about Kentucky Workers’ Compensation

Although the Kentucky workers’ compensation system can provide financial support to injured workers and their families, this system can be complicated, creating various bureaucratic hoops that people have to jump through in order to get the payouts they deserve.

To help clear up confusion about the system, below are some answers to common questions about Kentucky workers’ compensation claims, as well as employers’ responsibilities and employees’ rights when it comes to these claims.

Important Answers for Kentucky Employees about Workers’ Compensation

Q – What should I do if I have been hurt at work?
A – First, make sure you receive any emergency medical care you may need. As soon as your health is no longer in critical danger, the next important thing for you to do will be to report the injury to your employer. According to Kentucky law, this reporting must occur immediately or “as soon as practicable,” and it should include information about the accident or event that caused the injury, as well as the injury sustained.

If an employer has specific policies regarding how work injuries are to be reported (for instance, policies stating that employees have to report work injuries in writing), following these policies is usually necessary to facilitate a claim.

Q – Can I choose the doctor I see for the treatment of my work injuries?
A – Yes. Once you have chosen your treating physician, you will then be required to inform your employer and the insurer of your choice.

Be aware, however, that, if your employer is part of an authorized managed care program, you will have to choose from a list of participating medical providers. If you do not, you may end up having to pay for your medical treatments yourself, rather than having them covered by your employer’s workers’ compensation insurer.

Q – Can I switch doctors?
A – Yes. You are allowed to switch your treating physician once, “no questions asked,” as the Kentucky Department of Workers’ Claims explains.1

Q – How much will my workers’ compensation benefits be?
A – We cannot provide you with a specific amount/answer without first reviewing the facts of your case. This is because the amount of workers’ compensation benefits will depend on:

  • The nature and severity of your injury
  • The medical treatments you will need to recover
  • Your average weekly earnings (generally, the wage replacement benefits that are part of workers’ compensation benefits will be 2/3 of a workers’ average weekly earnings, up to a set maximum)

We encourage you to contact our experienced Louisville workers’ compensation lawyers for a free case evaluation, during which you can get more precise answers regarding your potential entitlements to workers’ compensation benefits.

Q – What other rights to I have as an injured worker?
A – You have various rights as an injured worker, including (but not limited to) the rights to:

  • Receive a reasonably prompt and courteous response from an insurer regarding your claim
  • Get all necessary medical treatments for your work injury without having to make co-payments
  • Receive job training (or vocational rehabilitation) if the work injury prevents you from being able to return to your job/occupation
  • Receive permanent disability benefits within two years of the work injury when the injury has resulted in irreversible impairments

Q – Do I need a lawyer to help me with a workers’ compensation claim?
A – You do if you want to ensure that your rights are protected and that you will receive the full amount of benefits to which you are entitled. The bottom line is that dealing with a work injury claim can be difficult, especially for people who are trying to recover from physical injuries and their emotional impacts.

Given that the system is complicated and that insurers are not always forthcoming about helping injured workers – let alone paying them what they deserve, retaining an experienced lawyer can be crucial to getting the benefits to which you are entitled after being hurt on the job.

Contact a Louisville Workers Compensation Attorney at Murphy & Associates, PLC

After suffering a work injury, being diagnosed with an occupational illness or losing a loved one to a fatal work accident, you can get experienced help pursuing compensation and justice by contacting a trusted Louisville workers compensation attorney at Murphy & Associates, PLC.

To find out more about how we can help you, call us at (502) 473-6464 or email us using the contact form.

We welcome your call or email from anywhere in Kentucky, Indiana, or elsewhere throughout the Midwest or South. All case evaluations are free, and most representations are taken on a contingency fee basis, which means you pay us nothing unless we succeed in recovering money on your behalf.


1: Kentucky Department of Workers’ Claims Guidebook