Workers' comp claim denied in Kentucky: what to do next

Call the Department's Division of Specialists and Medical Services (free) at 1-800-554-8601. Specialists answer questions, contact adjusters, mediate disputes, and help with claim forms.

Your employer's insurer, not the state, usually decides first. If they deny or delay, the free help listed here can explain your options.

Checked against official sources: October 31, 2026.

Deadlines are strict. If you are near one, call the state agency or free help today.

If your claim is denied or delayed in Kentucky

Who decides

Administrative law judges of the Department of Workers' Claims; appeals to the Workers' Compensation Board

First step

Call the Department's Division of Specialists and Medical Services (free) at 1-800-554-8601. Specialists answer questions, contact adjusters, mediate disputes, and help with claim forms. If the claim is denied, you can file an Application for Resolution of a Claim with the Department within the 2-year limit.

Source: Form 101

Form

Application for Resolution of a Claim - Injury (Form 101)

Deadline

File the Application for Resolution of a Claim within 2 years after the injury, or 2 years after income benefits stopped, whichever is later.

Medical disagreements

If the carrier denies treatment after utilization review, you or your provider can ask for reconsideration by a second reviewer. If that is also denied, you can ask an ALJ to review it by filing a Motion to Reopen and a Medical Dispute form.

Source: Form MTR; Form 112

Form 106 (Medical Waiver and Consent)

Appealing the decision

Workers' Compensation Board, then the Kentucky Court of Appeals and the Supreme Court of Kentucky.

File an Application for Resolution of a Claim (Form 101 for injury, or the occupational disease or hearing loss version) with Forms 104, 105 and 106.
The Department assigns the case to an administrative law judge and schedules a Benefit Review Conference, an informal meeting before the ALJ.
A formal hearing is held, recorded by a court reporter. The ALJ decides the case within 60 days after the hearing.
Any party can appeal the ALJ's decision to the Workers' Compensation Board, which reviews only whether the law was applied correctly (no new evidence).
Board decisions can be appealed to the Kentucky Court of Appeals and then the Supreme Court of Kentucky.

Law: KRS 342.185, 342.270, 342.285

Source: elc.ky.gov

Sources

The official sources for Kentucky are listed on the Kentucky page.

National rules that may also matter

Not covered by state workers' comp?

These federal programs and laws cover some groups of workers instead of, or in addition to, state workers' compensation. If one of them may apply to you, check its rules and deadlines too. They are different from your state's.

Federal Employees' Compensation Act (FECA): Civilian employees of the federal government, including Postal Service employees. Official page

Longshore and Harbor Workers' Compensation Act (Longshore Act): Maritime workers such as longshore workers, harbor workers, ship repairers, shipbuilders and ship-breakers, hurt on navigable waters of the United States or on an adjoining pier, wharf, dry dock, terminal or other area used to load, unload, repair or build ships. Some groups are excluded. Official page
Longshore maximum and minimum for October 1, 2026 to September 30, 2027 (fiscal year 2027): maximum $2,163.92 a week, minimum $540.98 a week.

Law: 33 U.S.C. 906(b); DOL Longshore NAWW table

Defense Base Act: Civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or national defense. Claims are handled by the Longshore program. Official page

Federal Black Lung Program: Coal miners who are totally disabled by black lung disease (pneumoconiosis) from coal mine work, and survivors of miners whose deaths were caused by it. Official page

Energy Employees Occupational Illness Compensation Program: Current or former employees of the U.S. Department of Energy and its contractors and subcontractors, and certain uranium miners, millers and ore transporters, who became ill from toxic exposures such as radiation, beryllium or silica at covered work sites, and their survivors. The program is set up by the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). Official page

Railroad workers (Federal Employers' Liability Act): Employees of railroads in interstate commerce. Instead of a workers' compensation claim, a federal law lets an injured railroad worker sue the railroad for damages caused by its negligence.

Seamen (Jones Act): A seaman injured in the course of employment may bring a lawsuit against the employer, with the right to a jury trial, under the same federal rules that apply to railroad workers.

National help

Your state workers' compensation agency answers questions about claims. Many have a free help line, an ombudsman or information officers for injured workers.

The Legal Services Corporation funds 129 nonprofit legal aid organizations in every state, D.C. and the territories. Enter your address on its website to find one near you. You can also look up legal information and free forms at LawHelp.org. Whether a local program handles workers' compensation cases varies.

LawHelp.org