What to Know in Case of a Kentucky Work Accident?
by Hessig & Pohl | Nov 29, 2019 | Worker's Compensation
Hurt on the job in Louisville, Kentucky? If you have sustained an injury on the job in Kentucky, you are likely covered by the state’s workers’ compensation laws – laws that provide you with medical treatment and financial compensation for lost wages. The Kentucky Department of Workers’ Claims (DWC) administers benefits and has jurisdiction over all compensation claims.
Although there are some employers in Kentucky, in the agricultural sector, that do not carry workers’ compensation insurance, all companies must carry worker’s compensation insurance or be self-insured. This applies to companies of all sizes with part-time and full-time employees.
Some jobs are not covered under Kentucky workers’ compensation, and those include most volunteers, independent contractors and domestic workers. However, if you a volunteer ambulance, fire or police worker, you do have coverage. There are separate statutes covering federal workers (e.g. post office employees).
Unlike most states, Kentucky allows workers to waive their rights to workers’ compensation and instead retain a right to sue their employer. This can be accomplished by signing a Form 4 Waiver, that the employer must file with the DWC.
In Kentucky, all occupational diseases and injuries sustained on the job are covered under worker’s compensation. Occupational illnesses are conditions that a worker may develop due to their particular working conditions.
Psychological problems are covered, but only if they are a result of a physical injury.
Workers’ compensation is only applicable if an accident or illness arises during the course of working for an employer. This does not include driving to and from work, but does include traveling if it is related to work. Self-inflicted injuries, such as those that are the result of being drunk on the job, horsing around while working or as a result of carelessness may receive reduced compensation.
In general, the most common workplace injuries that are covered under Kentucky workers’ compensation law include, but are not limited to hearing loss, broken bones and lower back injuries. Occupational disease claims often include black lung disease, a condition that many coal workers acquire.
Hessig & Pohl are highly experienced workers’ compensation attorneys who know how to handle injury claims. They make sure you get fair and equitable damages for your injuries. They do not quit until they get justice. Call them today for your free consultation at (502) 777-1111.