Bardstown Injured Workers’ Rights Attorney's
Injured workers rights in Kentucky protect workers who are injured on the job or due to their work duties. If you or a loved one were injured at work, you should exercise your rights and use the legal protections available to you to cover your medical bills and lost wages.
Knowing your rights is the first step in exercising them.
What is Workers’ Compensation and What Does it Cover?
Workers’ compensation laws in Kentucky have been in place since 1914, although the Act has been changed and amended many times over the last 100 yeas. The law puts protections in place for workers by requiring employers to:
- Pay for medical treatment
- Pay for lost wages
If you need rehabilitation or future medical treatments, these costs are also covered under workers’ compensation laws.
Physical trauma is not the only type of injury covered. If you suffer from psychological injuries relating to the physical trauma that you sustained, this may also be covered under workers’ compensation.
Additional coverage also includes:
- Cumulative injuries: A cumulative injury occurs from repeated movements that are part of your work responsibilities. If you have to mop the floors daily and, over the years, develop carpal tunnel syndrome, this is a cumulative injury.
- Illnesses: Certain workplaces cause employees to suffer from illnesses, such as exposure to asbestos. If you suffer from an illness due to the work environment or materials that you handle, this will be covered, too.
If you’re commuting to work and get in a car accident, this would likely not be covered. Now, if you were traveling to visit another office or work site during work, this would be covered under workers’ compensation.
Who is Covered by Workers’ Compensation?
Defining “who” is an employee and has injured workers rights is a good first step to understanding if you have a claim. If you’re employed, you’re likely covered by workers’ compensation laws, even if you’re:
- Part-time
- Full-time
- Seasonal
- Temporary
Adults and minors have rights, even if it’s their first day on the job. Independent contractors are not covered by workers’ compensation, but some employers may try to classify as employees as independent contractors to avoid providing coverage for any workers’ compensation claims
Federal contractors and employees, railroad workers and maritime workers may be covered under federal laws but not under state workers’ compensation acts.
Exemptions exist for:
- Agriculture employers
- Domestic workers
- Workers covered by the Federal Act
- Certain others
If your employer says you’re not covered or if you’re unsure, we can review your employment with you.
How Long Do I Have to File a Claim?
Workers who are injured on the job only have a limited window of time to submit their claim. Kentucky has a two-year statute of limitations on workers’ comp claims for most injuries.
This countdown starts on the date of the injury or the last payment of temporary total disability, whichever date is later.
There are some exceptions to this rule:
- For some occupational diseases, such as Black Lung, you have a longer window of time to apply (3 years typically).
- For repetitive motion injuries, claims can be filed up to two years after the work-related condition was discovered.