Kentucky Workers' Compensation: Deadlines, Benefits and How to File

Any employer with one or more employees in Kentucky must comply with the workers' compensation law, except a person engaged solely in agriculture. The state and local governments are also covered. Exempt workers include agricultural workers; domestic workers in a private home whose employer has fewer than two full-time (40+ hours a week) domestic employees; people hired for 20 or fewer consecutive work days to do maintenance, repair or remodeling at the employer's private home; people working only for aid or sustenance from a religious or charitable organization; workers covered by a federal liability law (such as railroad and maritime workers); direct sellers; certain members of religious sects opposed to insurance; and certain part-time ministers and church caretakers.

The worker (or someone on the worker's behalf) must give the employer notice of the accident "as soon as practicable" after it happens. The notice must be in writing and state the worker's name and address, the time, place, nature and cause of the accident, witnesses, and the nature of the injury. For a cumulative trauma injury (one caused by repeated small events), notice must be given within two years after a doctor tells the worker the injury is work-related.

An Application for Resolution of Claim must be filed with the Department of Workers' Claims within two years after the accident (or within two years after the death). If income benefits were paid, the deadline is two years after payments stop or two years after the accident, whichever is later. For cumulative trauma, the deadline is two years after a doctor tells the worker the injury is work-related, but no later than five years after the last injurious exposure. Claims for work-related HIV exposure must be filed within five years after the exposure.

No income benefits are paid for the first seven days of disability unless the disability lasts more than two weeks; if it does, benefits are paid from the first day. Benefits must start no later than the 15th day after the employer knows of the disability and are paid at least twice a month. Late payments carry interest.

Temporary total (and permanent total) disability benefits are 66 2/3% of the worker's average weekly wage, but not more than 110% and not less than 20% of the state average weekly wage. Benefits are reduced by unemployment benefits received for the same period and by certain employer-funded disability payments.

For injuries occurring January 1 through December 31, 2026, the maximum weekly benefit for temporary or permanent total disability is $1,277.99 and the minimum is $232.36. The maximum for permanent partial disability is $958.49 (or $1,277.99 when the worker cannot return to the type of work done at the time of injury). The 2026 figures are based on a 2024 state average weekly wage of $1,161.81.

If the employer has not designated a managed health care system, the worker may choose the medical providers. Even when the employer uses a managed care system, the worker may keep treating with a doctor who gave emergency care. Treatment is supervised by a single treating physician (or group) who makes referrals. The worker may change the designated physician one time; after that, the worker must show reasonable cause to change. An administrative law judge may let the employer pick the doctor if the worker's chosen care is improper or is delaying recovery.

Permanent partial disability is based on the worker's permanent impairment rating under the AMA Guides to the Evaluation of Permanent Impairment, multiplied by a statutory factor (from 0.65 for ratings of 0–5% up to 1.70 for 36% and above) and by 66 2/3% of the average weekly wage, subject to the state cap. The benefit is tripled if the worker cannot return to the type of work done at injury, with added amounts for age 50 or older and limited education; it is doubled during periods when a worker who returned at the same or higher wage stops working. Benefits run 425 weeks for ratings of 50% or less and 520 weeks for ratings over 50%. Permanent total disability is paid at the total disability rate. All income benefits generally end when the worker turns 70 or four years after the injury, whichever is later.

If a work injury causes death, weekly benefits go to dependents: a surviving spouse with no children receives 50% of the worker's average weekly wage; a spouse with children receives 45% (40% if the children live elsewhere) plus 15% for each child; children with no surviving spouse receive 50% for one child plus 15% for each additional child; dependent parents, siblings, grandparents and grandchildren may receive 25% each. Total weekly payments cannot exceed 75% of the worker's average weekly wage or the total disability maximum. A spouse who remarries receives two years of benefits in a lump sum. If death occurs within four years of the injury as a direct result of it, a lump sum is also paid to the estate, from which burial and transportation of the body are paid; for 2026 injuries that lump sum is $114,120.35.

Report the injury to the employer first; the employer's insurer reports it to the Department of Workers' Claims, but that report does not mean the claim is accepted. If the worker and employer cannot agree, either side files an Application for Resolution of a Claim (injury, occupational disease or hearing loss) with the Department. Represented parties must file through the Department's online Litigation Management System (LMS); workers representing themselves may use LMS or a paper form. At filing or within 15 days, the worker must also file Form 104 (employment history), Form 105 (medical history), Form 106 (medical waiver), a medical report, and wage documentation. The employer or insurer then has 45 days to accept or deny. The Department's specialists can be reached at 800-554-8601.

A disputed claim is assigned to an administrative law judge (ALJ), who holds a benefit review conference and a formal hearing and decides within 60 days after the hearing. A party may ask the ALJ to correct a patent error by filing a petition for reconsideration within 14 days. A party may appeal the ALJ's final decision to the Workers' Compensation Board by filing a notice of appeal within 30 days after the decision is filed; the Board reviews the record and does not take new evidence. Board decisions may be appealed to the Kentucky Court of Appeals and then to the Kentucky Supreme Court.

No employee may be harassed, coerced, fired or discriminated against in any way for filing and pursuing a lawful workers' compensation claim. A worker harmed by a violation may sue in Circuit Court to stop the violation and recover actual damages, court costs and a reasonable attorney's fee.

Temporary and permanent total disability benefits are paid during the disability. Permanent partial disability is paid for 425 weeks if the permanent disability rating is 50% or less, and for 520 weeks (from the date the disability exceeding 50% arises) if the rating is greater than 50%; permanent partial benefits may never be paid for more than 520 weeks. A period of temporary total disability within the permanent partial period extends that period. All income benefits end when the employee reaches age 70, or four years after the injury or last exposure, whichever is later.

Yes. If the parties reach an agreement on compensation that conforms to the workers' compensation law, a signed memorandum of the agreement is filed with the Commissioner and becomes enforceable if approved by an administrative law judge; nothing operates as a final settlement unless it is filed and approved this way. A settlement that converts future weekly income benefits of more than $100 per week into a lump sum will not be approved unless there is reasonable assurance the worker will have an adequate source of income during the disability, and the discount rate for lump sums is set each year by the Commissioner. If the parties later disagree about an approved agreement, the exclusive remedy is a motion to reopen under KRS 342.125.

In Kentucky, report a work injury or occupational disease to your employer as soon as possible; the employer reports it to its workers' compensation insurance carrier. If the claim is denied, you can file an Application for Resolution of a Claim (Form 101) with the Department of Workers' Claims; the statute of limitations is two years from the date of injury. The Department's Ombudsman/Specialist staff help workers with questions and forms: 800-554-8601 or 502-564-5550.

In Kentucky all workers' comp attorney fees must be reviewed and approved by an Administrative Law Judge. For fee contracts signed on or after July 14, 2018, the fee is limited to 20% of the first $25,000 of the award, 15% of the next $25,000 and 10% of the remainder, up to a maximum of $18,000 (older contracts have a $12,000 cap); the employee pays the fee from the award or settlement. Free help is available from the Department's Ombudsman/Specialist Division (800-554-8601), whose specialists help with forms but cannot represent you.

If an employer has workers' compensation coverage, the employer's liability under the workers' comp law replaces all other liability to the worker and family for the injury or death; the protection also covers the insurer and co-employees, officers and directors. Exceptions: a co-employee, officer or director can be sued when the injury was caused by their willful and unprovoked physical aggression; if the employer deliberately intended to injure or kill the worker, the worker or dependents may sue the employer instead of taking compensation; and if the employer failed to secure compensation, the worker may claim compensation and also sue for damages.

When someone other than the employer is legally liable for the injury, the worker may claim compensation, sue the other person, or do both, but may not collect from both. A worker who sues must give due and timely notice of the suit to the employer and the special fund. The employer, its insurer and certain state funds that paid or are liable for compensation may recover from the third party, up to the income and medical benefits paid and payable, less a pro rata share of the worker's legal fees and expenses.

If an employer fails to secure workers' compensation, the worker may claim compensation and also sue the employer for damages, and the employer may not defend by blaming a co-worker, assumption of risk or the worker's own negligence. The Uninsured Employers' Fund pays compensation when an employer defaults because it had no coverage, and the employer must repay the fund. When a claim is filed against an uninsured employer, the commissioner records a lien on the employer's assets in favor of the fund for up to 10 years.

If the worker and employer do not agree, either may file an Application for Resolution of Claim with the Department of Workers' Claims, generally within two years after the accident, death or last voluntary payment; the claim is assigned to an administrative law judge. A party unhappy with the judge's final award, order or decision may file a notice of appeal to the Workers' Compensation Board within 30 days after it is filed. The Board decides within 60 days after the last brief is filed.