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Kentucky, home of the famous Kentucky Derby, holds a history and charm that are uniquely its own. From lively cities like Louisville to the Appalachian mountains, the Bluegrass State offers a blend of culture and natural splendor.
With a diverse and thriving economy, Kentucky provides a wealth of opportunities for businesses to flourish. When it comes to safeguarding your business and employees, finding the right workers' compensation insurance is essential.
Workers' compensation is a state-mandated insurance program for employers with one or more employees. It’s designed to provide employees who suffer work-related injuries or illnesses with medical treatment and indemnity benefits.
Without workers’ compensation, the cost of a work-related injured or ill employee’s medical treatment could become the responsibility of your business.
The Kentucky Education and Labor Cabinet is responsible for administering the workers’ comp law in Kentucky. The law requires employers with one or more employees to be covered by an active workers’ compensation insurance policy.
Family members, temporary workers and part-time workers are covered under Kentucky’s workers’ compensation law.
Workers’ comp coverage can be obtained through a partner like EverPeak Insurance. The Kentucky Department of Workers’ Claims can approve self-insured requests based on financial and claims history.
Employees can verify online if their employer has coverage.
Policies include protection for full-time, part-time and temporary workers.
Some exemptions from workers’ comp in Kentucky may include, for example:
Workers' compensation covers a range of work-related injuries and illnesses, including physical injuries resulting from an accident and occupational diseases that may develop over time due to job conditions.
Kentucky workers’ comp insurance provides three types of benefits for work injuries:
The weekly compensation rate in Kentucky is 66 ⅔% of the employee’s average weekly wage, subject to a maximum and minimum benefit amount set by the Department of Workers’ Claims.
Find more information on Kentucky’s workers’ compensation rates.
In the event of a work-related injury or illness:
Employees in Kentucky should report their injury to their employer as soon as possible.
The employee should immediately seek medical attention.
Once notified of the injury, employers should file a report of the accident within three days to their workers' compensation insurance partner.
If the workers’ compensation claim is accepted, an injured employee may begin to receive workers’ compensation benefits, such as lost wages and medical benefits.
Following their recovery, a worker is expected to resume work safely. If an employee is unable to return to their previous position or any other type of work due to their work-related injury, they may be entitled to permanent total disability benefits.
Under Kentucky workers’ compensation law, an injured worker can choose their treating physician. The employee may change physicians once without approval from their employer or its insurance partner. Any additional changes in treating physician should be approved by the employer or its insurance partner.
The employer or its workers’ compensation insurance partner must pay for an employee’s medical care or file a medical fee dispute within 30 days of submission from the healthcare provider.
To resolve a workers’ compensation claim dispute, an employer or employee can file an Application for Resolution of a Claim with the Department of Workers’ Claims. The Department will assign the case to an Administrative Law Judge.
Generally, employers in Kentucky with one or more employees must carry workers' compensation insurance or qualify for self-insurance. Compliance with this requirement is essential to protect both the employer and employees.
When selecting a workers' compensation insurance provider, consider factors such as the provider's experience in the industry, financial stability, coverage options, claims process, customer service, and cost.
We recommend requesting multiple quotes and comparing the offerings before making a decision.
Covering your business and employees with a trusted insurance partner — like EverPeak — brings peace of mind so you can focus on your bottom line.
Employers who don’t carry workers’ compensation insurance will be fined $100 to $1,000 for each employee every day the employer is without coverage.
In most cases, employees in Kentucky are barred from suing their employers for work-related injuries or illnesses. The workers' compensation system provides an exclusive remedy, meaning that employees typically cannot file a lawsuit against their employers. Instead, they must pursue a workers' compensation claim to receive benefits for their injuries or illnesses.
Generally, independent contractors aren’t covered by workers' compensation insurance in Kentucky. Workers' compensation laws typically apply to employees rather than independent contractors.
However, it's important to note that the classification of a worker as an independent contractor or an employee can be complex, and misclassification can lead to legal disputes. If unsure whether an independent contractor should be treated as an employee, take the test or seek legal guidance.
Ideally, the incident should be reported immediately or within a few days of the occurrence. Prompt reporting helps ensure the necessary steps are taken to initiate the workers' compensation claims process.
Employees can verify online if their employer has coverage.