Appealing a Denied Workers' Comp Claim in Kentucky
The deadline to challenge a denied workers' comp claim in Kentucky, where to file, and the steps from hearing to appeal.
Short answer: 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; KRS 342.270(1); 803 KAR 25:010 Section 22(2)(a); KRS 342.285
| Deadline to challenge a denial | 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. KRS 342.270: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47619 ; KRS 342.285: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32465 |
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| Appealing a denial | 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. |
| Deadline to file a claim | 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. Occupational disease claims have separate time limits under KRS 342.316. Source: KRS 342.185; KRS 342.270(1) |
Where to get help in Kentucky
More Kentucky workers' compensation
- Filing a Workers' Comp Claim in Kentucky
- How Much Workers' Comp Pays in Kentucky
- Workers' Comp Settlements in Kentucky
- Retaliation for Filing Workers' Comp in Kentucky
- Suing Over a Work Injury in Kentucky
- All Kentucky workers' compensation rules
FAQ
How long do you have to appeal a denied workers' comp claim in Kentucky?
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.
How do you appeal a denied workers' comp claim in Kentucky?
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.
What is the deadline to file a workers' comp claim in Kentucky?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.