Kentucky Workers Compensation Laws

Kentucky workers compensation laws offers compensation benefits to those workers who suffer from occupational injuries or diseases. The benefits are determined on the basis of an array of factors. For example, there are provisions for benefits for vocational rehabilitation and for temporary or permanent disability. Besides that, if the injuries of diseases result in the death of a worker, there are also provisions for survivor benefits for the dependent family members of the deceased.

Legal Requirements For Employers

As per Kentucky workers compensation laws, all employers whether they are running a private or a government organization are legally obligated to have an occupational injury compensation insurance policy in place. The number of employees does not matter in this regard. Even if there is just one employee working in an organization, it will be legally mandatory for the employer to carry the occupational injury insurance coverage. However, there are still certain misconceptions. For example, agricultural employers are exempted from this legal requirement. It is important for the employers to make sure that the insurance provider they are selecting is duly licensed and authorized to offer this type of insurance programs in the state. Depending upon the specific factors involved in specific situations, the Department of Workers claims may issue individual self-insurance certification to some employers. There are certain civil penalties that are applicable to those employers who do not meet these legal requirements.

Medical Treatment And Choice Of Doctor

Kentucky workers compensation laws provide the legal right to the employees to select a physician of their own choice when it comes to medical treatment for work-related injuries or illnesses. The employer also has the right to designate a managed health care system, but it does not make the employees obligated to use the same. Employees are free to choose their own doctors. In either case, employer will be liable to make the payments associated with the treatment of injuries. The reasonable costs of treatment must be paid by the employers. It is also important to note that employers are legally prohibited to ask injured workers to make co-payments for the treatment.

Vocational Rehabilitation

Kentucky workers compensation laws have made specific provisions for compensation benefits for vocational rehabilitation. As per these provisions, injured employees may qualify to get fifty-two weeks of retraining and educational benefits. The length of the retraining period in some cases can be much longer if the court permits. The exact terms are determined after a thorough vocational assessment by the state vocational rehabilitation office.

When an employer obtains workers insurance compensation insurance policy, they deduct a specific amount of money every month from the salaries of the employees in order to pay the monthly premiums. Kentucky workers compensation laws provide this legal right to the employees to reject such compensation coverage so that they avoid such deductions. Employees can do this by filling out a Form 4 Waiver and submit the same with the DWC through proper channel. However, it is important to note that despite filing a waiver, employees still reserve the right to file a compensation claim lawsuit against the employer in case they get injured while performing their tasks at the workplace.