Kentucky Workers Compensation Statutes Laws

To qualify for workers compensation you must first give notice of the workers compensation injury to your employer  KRS342.019 allows you to receive treatment from a chiropractor as well as from a doctor.   Workers Compensation is at the expense of your employer and the insurance company KRS342.020 even traveling expenses are paid for.  You are allowed up to two doctors as workers compensation medical evidence.  You will normally submit medical evidence by deposition or written medical report.  You may submit additional workers compensation evidence KRS342.033.  Every employer is required to keep a record of workers compensation accidents KRS342.038.   You are not paid workers compensation benefits unless you are disabled for more than 2 weeks KRS342.040 you are paid on your employers regular pay day and you are to be paid with interest if it is not paid workers compensation on time this can include attorney fees.  A  workers compensation case may be reopened if there is evidence of an increase in the workmans compensation injury (and there almost always is) KRS342.125 If safety rules and laws have not been complied with there can be an increase in a workers compensation award over and above what the normal award is KRS342.165 If the employer files for bankruptcy the workers compensation must be paid first with other preferential claims for wages under KRS342.175. Workers compensation benefits can't be attached by creditors except for child support KRS342.185 But to start the process you must file a claim for workers compensation benefits within 2 years KRS 342.185 and notice must be given properly to the employer in writing KRS342.190 342.195 342.200 and 342.210.  Workers can not be discriminated against or fired KRS342.197 and it is the right of the employer to send the employee to the doctor of the employer’s choice (who will lie like a rug that you aren’t injured)  KRS342.205  If the insurance company refuses to pay, is involved with fraud or if they are found guilty of unfair settlement practices they cannot be sued for bad faith as in  ordinary insurance cases and they are slapped on the wrist with one dollar fines that mean nothing to them KRS342.267 KRS342.335 and KRS342.990.   You can collect for diseases as well as accidents KRS342.316 and your attorney is limited to a 20% recovery KRS342.320.  In return the employer cant be sued KRS342.375 and KRS342.690 but others can be KRS342.700.  Special benefits are paid to widows KRS342.750 but you must always be certain that the insurance carrier is notified KRS342.470

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