Is My Employer Required to Have Workers’ Compensation Coverage?

person with a broken arm cast holding a workers compensation claim form

Kentucky Workers’ Compensation Laws

Under Kentucky law, all employers with one or more employees are required to obtain workers' compensation insurance, with few exceptions. This law, created in 1972, covers both private and public entities.

In accordance with this law, employees who are injured at work are subject to receive:

  • 66 and 2/3% of average weekly earnings (if the injury or illness requires leave).
  • Medical treatment at the expense of the employer.
  • Disability benefits if applicable.
  • Death/burial benefits, should their death be a result of the workplace incident and within four years of the injury date.

Since the state's workers' compensation law provides few exceptions, non-compliant employers may receive penalties until they obtain this coverage.

Penalties for Non-Compliance

Employers who do not have an exemption to the workers' compensation laws may face civil and criminal charges, including:

  • Civil penalties by the state
  • Fines ranging from $100-$1,000 per employee per day of noncompliance
  • Order to stop work
  • Criminal penalties: fines, jail time

Employees may also choose to bring legal action against an employer who does not retain workers' compensation coverage in a personal injury case.

Filing a Workers’ Compensation Claim

Depending on your circumstances and the type of injury, the workers' compensation claims process may be complex. One of the easiest ways you can better understand the red tape involved in the process and the steps you need to take is by working with an experienced workers' compensation attorney.

A workers' compensation attorney will not only guide you through the process but will offer assistance should your injury escalate or you face retaliation from your employer for filing. You can find the answers to more of your most frequently asked questions here.

Louisville Workers’ Compensation Attorney

The attorneys at Justice Law Office are dedicated to your recovery. If you were involved in a workplace accident that left you injured or disabled, know that you have the right to file a workers' compensation claim. Call (502) 822-2230 to discuss your potential case.

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