Filing a Workers' Comp Claim in Kentucky

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.

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.

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.