Each state has an established procedure for filing a workers’ compensation claim.
In this regard, Kentucky is no different. Each company is required to carry workers’ compensation insurance or, in rare circumstances, can gain state approval insure themselves by setting aside a fund of money to pay out claims.
Depending on the circumstances surrounding your injury, you can get compensation for your medical expenses, some percentage of your wages, and, if you are no longer able to do your job, you may be eligible for long-term disability benefits.
While this process should be relatively straightforward, often injured workers find themselves in a legal battle with the insurance company that ensures their employer. When that happens, the attorneys at the Harville Law Offices can step in and get the evidence you need to prove that your injury is related to your work.
Give us a call at (502) 245-2333 or contact us online to set up an appointment.
Here is how to apply for workers compensation.
Kentucky’s Workers’ Compensation System
Kentucky operates on a no-fault system of workers’ compensation.
This means that it doesn’t matter if your employer was responsible for your injury or not. If you were injured on the job, you are entitled to file a claim with your employer’s workers’ compensation coverage.
There are, however, limits to this. If your accident occurred while you were drunk or under the influence of drugs, it could substantially reduce your benefits. In addition, if it can be shown that you ignored or violated a safety procedure, this can also substantially reduce your benefits. It is important to observe all safety procedures while on the job.
Filing a Workers’ Comp Claim in Kentucky
If you’ve suffered an on-the-job injury, it’s important that you seek medical treatment immediately.
Not only does that ensure a quicker recovery, but insurance companies are going to be more skeptical of a delayed claim than they otherwise would be. It forces you into the position of needing to prove that the injury is related to an accident that happened on the job as opposed to somewhere else.
So the first thing you should do is report the injury to a supervisor. Be as descriptive as possible. Then get medical treatment. At some point, your supervisor or someone else will ask you to fill out an incident report. In it, you should be as specific as possible.
Afterward, you will also need to file three specific forms with the Department of Workers’ Claims. These include:
- Form 101IR – This is for any injury claims unrelated to diseases or other chronic conditions and hearing loss.
- Form 110 – This is a form for claims related to occupational diseases and/or hearing loss.
These signs require your signature and that of a notary public. You will also need to release your medical records to the insurance company. When this information is submitted, the insurance company will review the claim and render a decision.
Learn More about How to Apply for Workers’ Comp
If your claim has been denied, you can file an appeal, but it’s important that you contact a workers’ compensation attorney immediately.
You only have a brief window during which you can file an appeal. The attorneys at the Harville Law Offices can help. Please give us a call at (502) 245-2333 or talk to us online and we can begin discussing your options today.
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