Workers' comp deadlines in Kentucky: tell your employer and file

Tell your employer in Kentucky

Counted from

The date of the accident

In writing?

Yes, in writing

If you are late

Failing to report the injury in a timely manner may have severe consequences and could keep your claim from going forward.

Illness that develops over time

Report an occupational disease to your supervisor as soon as reasonably possible after you first experience it. For a cumulative trauma injury, notice must be given within 2 years after a doctor tells you the injury is work-related.

Report your injury to your supervisor or other person your employer has chosen as soon as possible after it happens. This also applies to injuries from a series of small events, such as a repeated motion. The law requires the notice to be given as soon as practicable, and to be in writing: your name and address, when and where it happened, what happened and how, the names of witnesses, the injury, and the work you were doing.

Law: KRS 342.185, 342.190

Source: elc.ky.gov

File your claim in Kentucky

Time limit

2 years

Counted from

The date of the accident, or the date your income (TTD) benefit payments stopped, whichever is later

What to file

Application for Resolution of a Claim - Injury, filed with the Department of Workers' Claims (on paper or through the Litigation Management System), with Forms 104, 105 and 106

Source: Form 101

Who files it

You report the injury to your employer. Your employer reports it to its insurance carrier, and if you miss one day or more of work, the carrier files a First Report of Injury with the Department. You file an Application for Resolution of a Claim with the Department yourself only if there is a dispute that an ALJ must decide.

What your employer must do

Your employer must report the injury or disease to its workers' compensation insurance carrier within 3 days after you notify it. If you miss one day or more of work, the carrier must report the injury to the Department of Workers' Claims.

When the insurer decides

Income benefits must start no later than the 15th day after your employer learns of the disability. A report of the injury does not mean the claim has been accepted. If the carrier stops or fails to make payments when due, it must notify the Commissioner, who tells you in writing of your right to file a claim.

Illness that develops over time

An occupational disease claim must be filed within 3 years after the disease becomes known and disabling, and no later than 5 years after the last work-related exposure. A cumulative trauma claim must be filed within 2 years after a doctor tells you it is work-related, and no later than 5 years after the last exposure. A hearing loss claim must be filed within 3 years of becoming aware of it.

If your claim is disputed or denied, you must file an Application for Resolution of a Claim with the Department of Workers' Claims within 2 years after the accident. If you received income benefits, the deadline is 2 years after the payments stopped or 2 years after the accident, whichever is later.

Law: KRS 342.185, 342.316, 342.7305

Source: elc.ky.gov

Law: KRS 342.038, 342.040(1)

Source: elc.ky.gov

Waiting period and first payment in Kentucky

Waiting period

There is a seven-day waiting period. TTD benefits start on the eighth day. A doctor's note is required that keeps you from working or gives restrictions your employer cannot accommodate.

Paid back for the waiting days

If you are off work for more than two weeks, the carrier goes back and pays you for the first 7 days.

First payment

Payments are made on the employer's regular payday, starting with the first regular payday more than 7 days after the injury, and must begin no later than the 15th day after your employer knows of the disability. They must be paid at least twice a month. Late installments carry interest of 6% a year, or 12% if the denial or delay had no reasonable basis.

How often you are paid

On the employer's regular payday, at least twice a month

Law: KRS 342.040(1)

Source: elc.ky.gov

Deadline helper

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