Debunking Common Workers’ Compensation Myths In Kentucky

Employers in Kentucky carry workers’ compensation insurance to cover work-related injuries and illnesses and resulting damages. While the Kentucky workers’ compensation system has been around for a long time, many myths about how the system works still persist. If you recently suffered a work-related injury or illness, it is crucial that you take time to read about workers’ compensation myths. This article debunks some common myths about workers’ compensation in Kentucky.

Myth #1: Filing a Workers’ Compensation Claim May Endanger Your Job

Truth: In Kentucky, employers are barred from firing employees for exercising a well-established right, such as filing a workers’ compensation claim. If your employer fires you after you file your workers’ compensation claim, they must be able to prove that they fired you because of reasons unrelated to your claim. And if an employer retaliates against you for filing a workers’ compensation claim, an attorney can help you file a lawsuit against the employer.

Myth #2: You Cannot File a Workers’ Compensation Claim if the Injury Did Not Happen at Your Place of Work

Truth: You can file a workers’ compensation claim even if your injury happened outside your place of work, as long as it happened while you were performing a work-related activity. For example, in Kentucky, injuries in motor vehicle accidents while on the clock are considered compensable.

Myth #3: Workers’ Compensation Only Covers Medical Bills

Truth: Workers’ compensation in Kentucky covers more than medical bills. It also covers wage replacement, vocational rehabilitation services, and other damages.

Myth #4: You Have to File Your Workers’ Compensation Claim Immediately

Truth: Indeed, it is best to file your Kentucky workers’ compensation claim as soon as possible. However, you are not required by law to file your claim immediately. Kentucky law states you have two years to file your workers’ compensation claim. This period starts on the date of your injury or the date of the last payment of voluntary disability income benefit, whichever comes later.

Myth #5: If You Suffered a Minor Injury, It Is Not Worth Reporting

Truth: Reporting your work-related injury or illness to your employer, regardless of whether it is minor or severe, on time, is one of the conditions you must meet to recover workers’ compensation benefits. Additionally, what you think is a minor injury might become a serious injury that requires extensive treatment. Not reporting an injury because you think it is minor could jeopardize your workers’ compensation claim.

Myth #6: Any Injuries That Happen at Work Will Be Covered by Workers’ Compensation

Truth: Some situations may disqualify you from recovering workers’ compensation benefits. For example, according to Kentucky law, workers’ compensation does not cover work-related injuries that happen because of voluntary intoxication. Also, if your willful intention to injure yourself causes you to suffer an injury, you are not eligible to file a workers’ compensation claim.

Contact a London Workers’ Compensation Attorney

If you’ve suffered a work-related injury or illness in Kentucky and need help filing a workers’ compensation claim, contact our London workers’ compensation attorneys at Cessna & George Law Firm.

Source:

labor.ky.gov/Documents/An%20Overview%20of%20Kentucky%20Workers%20Compensation%20Law.pdf