Workers' Compensation: Kentucky

Federal law and guidance on this subject should be reviewed together with this section.

Author: Daniel O'Brien, Fisher Phillips

Summary

• All Kentucky employers that are subject to the Kentucky Workers' Compensation Act are required to post the Kentucky Workers' Compensation Poster in the workplace. See Notice Requirements.
• Kentucky requires most employers to obtain workers' compensation insurance, with some notable exceptions. See Covered Employers.
• The protection of workers' compensation insurance extends to many employees, but Kentucky law carves out significant exceptions. See Covered Employees.
• If an employee is properly covered by workers' compensation insurance, he or she must be able to demonstrate an injury that qualifies for benefits. See Compensable Injuries.
• When employees claim workers' compensation benefits, employers are obligated to comply with various claims procedures. See Claims Procedure.
• In some situations, employers may choose to object to an employee's claim for workers' compensation benefits. In that event, the employer can make several different arguments to the state workers' compensation board. See Employer Defenses to Workers' Compensation Claims.
• If a dispute arises between employer and employee regarding workers' compensation benefits, the aggrieved party must also comply with claims procedures. See Administrative Hearings and Court Procedures.
• If a covered employee can demonstrate a compensable injury and the employer chooses not to object, the employer or its workers' compensation insurance carrier may be obligated to provide certain medical benefits. See Medical Benefits and Communication with Healthcare Providers.
• Some employers may have significant exposure to workers' compensation claims due to the nature of their business. These employers can take various steps to protect their companies from over-exposure. See Insurance Against Workers' Compensation Claims.
• Kentucky employers may not retaliate or discriminate against employees for claiming or receiving workers' compensation benefits, nor may they interfere with an employee's right to recovery for compensable injuries. See Retaliation and Interference.