Workers’ compensation was designed to provide wage replacement and medical benefits for those injured while employed. It is also designed to protect workers from diseases developed or contracted due to exposure in the workplace.
Each employer is responsible for providing workers’ compensation insurance or self-insurance. Certain employees, however, are exempt from this coverage, including: agricultural employers/employees, domestic workers, some religious organizations, and those who voluntarily decline coverage.
While each employer is responsible for providing coverage, there are certain limitations and rights specific to each state.
Workers’ Compensation Coverage in Kentucky
In Kentucky, workers’ compensation is understood as the “exclusive remedy,” meaning that the protection received for any injury sustained requires employees to waive their right to sue. Employers cannot be penalized by employees in a civil court case. Benefits received may include:
Partial salary replacement
Coverage of medical treatment, and
Payment for restoring an injured worker to sufficient employment.
In the case of an injury-related death, employers pay a lump sum to the employee’s estate to pay for burial expenses. This payment amount changes annually, however, income benefits are awarded to the spouse as well as other surviving dependents.
Because worker’s compensation can be an unpleasant subject, many disputes are resolved during a compromise agreement involving both parties. If no resolution is determined, the parties will have to litigate the claim through a process that begins with a claim adjustment request filed with the Department of Workers’ Claims. Once this paperwork is completed, an Administrative Law Judge (ALJ) is assigned to the case to facilitate a benefits review conference.
During the benefits review conference, both parties have the opportunity to discuss the positives and negatives of the case, while working to reach an agreement. If the complaint is not settled, the Administrative Law Judge will schedule a formal hearing within 30 days.
After the hearing, a decision must be issued within 60 days, either granting or denying medical benefits or income assistance. The solution may include rehabilitation benefits, if necessary. Through this process, the outcome is determined with the help of witnesses and medical professionals.
As a result, the Administrative Law Judge (ALJ) cannot require the employer to pay income benefits in a lump sum. If either party disagrees with the decision, you can file an appeal. This goes through the ALJ once again, and if further appealed, he can go to the Kentucky Court of Appeals and eventually to the Supreme Court.
in Kentucky, workers compensation insurance coverage it is issued to each employee to remain at work and to help with any work-related medical expenses. For business owners interested in purchasing workers’ compensation insurance, certain agents specialize in offering this product.
Similarly, if you need legal assistance in this area, certain attorneys focus on workers’ compensation litigation. When it comes to workers’ compensation, it’s important to understand your rights and responsibilities. Please note that these vary considerably, state by state.