Workers’ Compensation Benefits Overview

Workers' Compensation Benefits

The Commonwealth's Workers' Compensation Program (excluding the Transportation Cabinet employees) provides many benefits to employees in the event of an on-the-job-injury. If your claim is approved, your necessary medical expenses will be paid and where applicable, part of your salary will be paid. Benefits are briefly described in the following paragraphs. Read more about employee and employer rights and responsibilities in the Department of Workers' Claim Guidebook.

Pay
If you are unable to work for an extended time because of a work-related injury or illness covered by workers' compensation insurance, you will be paid for your time off work. Generally, workers' compensation income benefits are 66 2/3% of your average weekly salary, up to the state maximum as set forth by the Department of Workers' Claims. You may, however, use your accumulated leave to keep your regular salary. If you choose to use your paid accumulated leave, your workers' compensation income benefits must be remitted back to the state for whatever time you receive paid leave. Your accumulated leave will be reinstated to the extent that worker's compensation income benefits are remitted. You may not receive and keep paid accumulated leave and worker's compensation income benefits for the same period of time. See the Administrative Regulation for more information on the Workers' Compensation Fund and Program.

Medical
Our program uses a managed care program to provide covered medical benefits that are reasonable and necessary. An employee should not use their health insurance when seeking treatment under workers' compensation. The employer pays for the cure and relief from the effects of an injury or occupational disease at the time of the injury and thereafter during disability.

Requiring employees to make co-payments for treatment of work-related injuries is illegal under Kentucky law. Likewise, medical providers may not engage in "balance billing" by charging employees separately for amounts in excess of those set forth in the medical fee schedule.

Temporary Total Disability Benefits (TTD)
TTD benefits may be paid during that period when the physician states the employee is unable to return to some type of work. TTD is not payable unless the employee is unable to work for more than seven (7) calendar days. Once an employee misses eight (8) calendar days from work due to a work-related injury, the employee is entitled to benefits for each additional day he or she is unable to work. If the employee misses a total of fifteen (15) calendar days from work, benefits for the first seven days will be paid.

When a worker is recovering from an injury or disease and is unable to return to work, the employee may elect to use sick, annual, and/or compensatory leave to receive full pay while off work. Once an employee has met the criteria for receiving TTD benefits the check shall then be used to purchase back sick leave at 66 2/3 percent per 101 KAR 2:140, Section 4(2). Under no circumstances should an employee receive more than 100 percent of his/her normal salary.

Permanent Partial Disability
An employee who has reached maximum medical improvement, but still has some permanent impairment resulting in a permanent partial loss of wages or wage earning capacity, may be entitled to permanent partial disability benefits.

Permanent Total Disability
Permanent total disability means the condition of an employee who, due to an injury, has a permanent disability rating and a complete and permanent inability to perform any type of work as a result of an injury.

Death and Burial Benefits
If an employee's death occurs within four (4) years from date of injury, as a direct result of the injury, a lump sum payment to the estate will be made from which burial expenses are to be paid. The surviving spouse and certain dependents are also entitled to income benefits.