Federal & State Regulations | Workers’ compensation - Kentucky

State Info

Summary of differences between federal and state regulations

There is no federal workers’ compensation requirement for most private employers.

Insurance requirement: Competitive state fund or self-insurance, private carriers or groups of employers.

Exemptions from WC: Agricultural employers (voluntary)

Medical benefits provided: Full

Physician selection: Employee makes initial selection of physician.

Benefits for temporary total disability (TTD): 66 2/3 percent of worker’s wage for duration of disability. Benefits terminate when employee qualifies for Social Security benefits.

Benefits for permanent total disability (PTD): 66 2/3 percent of worker’s wage for duration of disability. Benefits terminate when employee qualifies for Social Security benefits.

Benefits for permanent partial disability (PPD): 66 2/3 percent of worker’s wage for up to 425 weeks. (Benefits represent unscheduled injuries only.) Benefits terminate when employee qualifies for Social Security benefits.

Scheduled awards: N/A

Disfigurement benefits: None.

Death benefits for surviving spouse and children: 50 percent of employee’s wage for spouse only and 75 percent for spouse and children is paid for the period of widow/widowerhood and for children until 18. Children receive benefits beyond 18 if physically or mentally disabled, or until age 22 if full-time students. Two-year lump sum payable to surviving spouse upon remarriage.

Maximum burial allowance: To be paid from lump sum payment (see “Death benefits” above).

Waiting period: 7 days. Compensation is retroactive if disability continues for more than 2 weeks from date of injury.

Rehabilitation: Both vocational rehabilitation (VR) and physical rehabilitation (PR) are covered. Employers must provide PR and VR costs and costs of board, lodging, and travel during PR and VR. VR limited to 52 weeks; extension granted by ALJ in unusual cases. During VR employees receive normal weekly compensation plus board, lodging, and travel if away from home. Employees must accept PR and VR or their compensation may be reduced by 50 percent.

Attorney fees: 20 percent first $25,000; 15 percent next $10,000; 5 percent balance up to a maximum of $12,000, statute.

Occupational hearing loss statutes: Employee has 2 - 3 years to file for compensation. Weekly benefit is based solely on American Medical Association guidelines.

Forms - www.labor.ky.gov/workersclaims/Pages/Forms.aspx

What’s new – See Office of Workers Claims homepage www.labor.ky.gov/workersclaims/Pages/Department-of-Workers'-Claims.aspx