Kentucky Workers Compensation Information Attorney

You have up to 2 years to file your Workman's Compensation claim in Kentucky.  This two years means within two years of date of injury or two years within payment of the last voluntary payment by the insurance company.  Paying medical expenses does not extend this time.  Occupational disease claims must be filed within 3 years of diagnosis or discovery or death.  The maximum period is 5 years after exposure unless the exposure is due to radiation or asbestos.   

You need to file your Workers Compensation claim as soon as possible. The longer you take to file your Workers Compensation claim the lower your Workman's Compensation will be.   With each month that passes you miss a month of Workers Compensation benefits.  You also make it harder to prove your Workman's Compensation case.    It becomes harder to prove that the work related accidents caused the injury as time passes.  Records become lost and the injury heals or combines with other medical conditions.  There are set formulas for valuing your Workman's Compensation case based on the percentage of your impairment and the length of time you will be impaired.  Many workers’ compensation injuries are permanent and require permanent treatments.   

People may delay filing Workman's compensation claims because they are afraid that their employers will fire them.  Under Kentucky Law a person can sue for these lost wages and back pay if they are fired or demoted for filing Workman's Compensation insurance claims.  In 1998 the Workman’s Compensation law was severely changed to lower benefits and the compensation paid to attorneys however it is still an important benefit. 

Since Workman's Compensation benefits have been lowered it has also become far more popular to sue other parties.  For instance a person may be injured at work but if a machine caused that injury the manufacturer of that machine may be sued for poor design.  This allows the person to recover immediately for some benefits such as lost work from workers compensation but also get a full recovery from the manufacturer of the machine or ladder.  

This is not legal advice. Only a Workers Compensation attorney should advise you about your individual Workers Compensation problems.  It is for informational purposes only.   The Personal Injury and Workers Compensation Manual is free  and written by an attorney download your copy. 

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