Work Injuries FAQ

Work Injury FAQs

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What is workers’ compensation?

Kentucky’s workers’ compensation laws were put in place to help protect employees’ health and finances in the event of a workplace injury or illness. With a few exceptions, all employers in Kentucky are required to carry workers’ comp insurance or similar coverage to provide wage replacement and pay medical bills for injured workers. In exchange for this insurance protection, the employee gives up his or her right to sue the employer for injuries or illness sustained on the job.

What should I do if I have been injured at work?

If you sustain a work-related injury or illness, be sure to follow your employer’s policies for reporting the incident. Generally, you should notify your supervisor/employer immediately by describing the injury or illness, how it happened, and the body part(s) affected. Make sure your employer completes an accident report, but do not sign the report without reading it first. If possible, obtain a copy of the report before you leave your place of employment. Seek medical attention for your work injury or illness as soon as possible. Have the treating physician report your condition to your employer and the workers’ compensation insurance carrier to facilitate payment of benefits.

How long do I have to file a claim in my workers’ compensation case?

If you are the victim of a work injury or illness, determining the amount of time you have to file suit can be a complicated process. For an on-the-job injury, you generally have two years to file a claim after the date of injury or from the last payment of voluntary disability income benefits—whichever is later. In the case of a work-related illness, you generally have three years to file a claim from the date of your diagnosis or three years after your symptoms were sufficient to indicate the disease—whichever is earlier. Other factors can influence the statute of limitations in a work injury claim, so be sure you contact an experienced workers’ compensation attorney to review your case as soon as possible.

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