Kentucky workers’ compensation update favoring businesses and insurers

Kentucky Workers’ Compensation Update Favoring Businesses and Insurers A new workers’ compensation update introduced in Kentucky after almost 2 decades is largely in favour of insurers and employers.

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Workers’ compensation claims are evaluated on the basis of a comprehensive medical records review that will provide the evidence of injury or disability. In Kentucky, the Kentucky Department of Workers’ Claims (DWC), a division of the Kentucky Labor Cabinet oversees the Kentucky Workers’ Compensation Program. It administers the benefits and has jurisdiction over all compensation claims.

Workers’ Compensation in Kentucky All employers in Kentucky must carry workers’ compensation insurance or become self insured. Certain agricultural employers are exempted from this requirement. Domestic workers, independent contractors and most volunteers are excluded from workers’ compensation coverage, though volunteer ambulance, police, and fire workers are covered.

There are separate federal statutes that are applicable to postal workers. Distinct from other US states, Kentucky allows workers to relinquish their rights to workers’ compensation and preserve their right to sue their employer.

In Kentucky, occupational diseases as well as physical injuries at the workplace are covered by workers’ compensation. This insurance covers psychological injuries only if these are a result of a physical injury. General workplace injuries such as low back injuries, hearing loss, and accidentally broken bones; and occupational diseases such as coal workers’ black lung disease are covered by workers’ compensation.

Coming to denied claims, inadequate medical documentation and lack of proof regarding the workplace injury are the usual reasons for denial. The claim may be denied if the worker did not seek medical treatment, or has a pre-existing condition that may have contributed to the injury or illness.

An Update after Almost Two Decades Kentucky’s workers’ compensation program is set to see an update for the first time in almost two decades.  

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This update (House Bill 296) is expected to bring in changes sought by businesses and insurers but contains no adjustments requested by unions and worker advocates.

The bill would prevent workers from filing claims on injuries caused by repeated manual labor five years after they stopped doing the work. This is expected to help address fraud.

The bill would prevent most people from collecting benefits at age 70. Instead, they would enrol in Medicare. This will transfer the financial burden from insurers and businesses to taxpayers.

The Committee on Economic Development and Workforce Investment approved the measure amidst concerns raised by lawmakers regarding how the bill would affect workers. It is expected that an amendment may be made when the bill is considered on the House floor.

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Concerns Regarding Possible Repercussions on Workers There has been no increase in workers’ compensation benefits in Kentucky since the year 2000. Premiums for employers have declined by around fifty percent since 2004. This has given rise to speculations as to why the changes being made to the system are designed to benefit businesses and insurers instead of workers. An attorney representing injured workers feels that the benefit amount an injured worker receives should be increased to 130 percent of their salary if it is to adequately support the worker. Properly administered, the workers’ compensation program is highly beneficial to injured workers and their families, sustaining them during a very difficult period.

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