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Workers' Compensation Summary - Kentucky

The Department of Workers' Claims administers the Workers' Compensation program in Kentucky. The following brief summary is intended to provide a general overview of Workers' Compensation coverage and benefits in Kentucky. See the separate topic for help with acronyms. For further information contact your local or state Workers' Compensation Program office. This information is based on data originally provided by the U.S. Department of Labor and updated by the Department of Workers' Claims, and is current as of January 2011.

In Kentucky, compensation benefits are adjusted annually, and changes become effective January 1 of each year. The rates shown below are in effect from January 1, 2011 to December 31, 2011, unless otherwise noted.

Type of Law and Insurance Requirements

In Kentucky, workers' compensation is compulsory, and some waivers are permitted. There is a competitive state fund. Employers may insure through private carriers, self-insurance, or through groups of employers. There is no exemption for employers with small numbers of employees.

Coverage of Agricultural Workers

Employers may secure coverage voluntarily, even though no statutory provisions are prescribed.

Coverage of Domestic Employees

Applies if two or more domestic workers are regularly employed in a private home 40 or more hours per week.

Medical Benefits

Full medical benefits are provided with no time or monetary limitations.

Benefits for Temporary Total Disability (TTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $144.40, 20% of SAWW, and the maximum is $721.97, 100% of SAWW. The maximum period of payments is the duration of disability. WC benefits terminate when employee qualifies for Social Security benefits.

Benefits for Permanent Total Disability (PTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $144.40, 20% of SAWW, and the maximum is $721.97, 100% of SAWW. The maximum period of payments is the duration of disability. WC benefits terminate when employee qualifies for Social Security benefits.

Benefits for Permanent Partial Disability (PPD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is payable but not statutorily prescribed and the maximum is $541.47, 75% of SAWW. For non-scheduled injuries, the maximum period of payments is 425 weeks and the maximum total amount payable is $230,125. Ratings for compensation purposes are determined as a percentage of permanent total disability. WC benefits terminate when employee qualifies for Social Security benefits.

Disfigurement Benefits

Kentucky law covers disfigurements that are "Serious and permanent of face, head, neck or other exposed areas of the body that is likely to affect employment opportunities". Provides proper and equitable scheduled benefits. The period for which benefits are payable is decided after maximum healing and restoration of function.

Offset Provisions in State Laws

Section 342.730--If an injury or last exposure occurs before an employee's 65th birthday, any income benefits awarded must be reduced by ten percent beginning at age 65 and by 10 percent each year thereafter until and including age 70. Income benefits shall not be reduced beyond the employee's 70th birthday.

Contact Information

Department of Workers' Claims
657 Chamberlin Avenue
Frankfort, Kentucky 40601

Phone: (502) 564-5550
Toll-free: 1-800-554-8601

Internet: http://www.labor.ky.gov/workersclaims/

Additional Information

Historical compensation benefit levels are available in PDF format (requires Adobe Acrobat Reader) online at:
http://www.labor.ky.gov/workersclaims/publications/

Kentucky Workers' Compensation Statutes are available online at:
http://www.lrc.state.ky.us/KRS/342-00/CHAPTER.HTM

Kentucky Workers' Compensation Regulations are available online at:
http://www.lrc.state.ky.us/kar/TITLE803.HTM

Other State's Summaries

Curious about the Workers' Compensation program in another state? Want to see a summary like this one? Click here to select another state's summary.

Source

Information for this topic was drawn from the Department of Workers' Claims website at:
http://www.labor.ky.gov/workersclaims/

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