Workers' Comp Benefit Lawyers Serving Lexington, KY

Workers’ compensation benefits in Kentucky are determined by a formula that bases a weekly payment on a percentage of the worker’s weekly wages prior to injury or illness, and the extent of his or her injuries, which are stated as a percentage. There are several rules that apply to the workers’ comp benefits calculation, which are designed to address the many possible variables and circumstances among injured and ill workers. They can complicate the process very quickly.

In general, the workers’ comp disability benefits available in Kentucky include:

• Temporary total disability (TTD) — TTD benefits are for employees who are recovering from illness or injury and who are expected to return to work. Once a worker has been out of work for more than seven days, he or she is to be paid for each day he or she is out of work. After two weeks (14 days), the worker is to be compensated for each of the first seven days.
• Permanent total disability (PTD) — PTD benefits are paid to workers who are so severely injured that they cannot obtain or maintain a job. The worker is said to have “a complete and permanent inability to perform any type of work as a result of injury, and has an impairment rating.” PTD benefits begin when the worker has reached “maximum medical improvement,” meaning that the worker has come as far in his recovery as he or she is expected to.Weekly benefits for TTD and PTD are two-thirds of the worker’s average weekly pay, but no more than the state’s average weekly wage.The Workers’ Compensation Benefits schedule is set each year for the year ahead. For example, in August 2012, the state certified that the average weekly wage in Kentucky for calendar year 2011 was $752.69. Based on that figure, the maximum weekly indemnity benefits for calendar year 2013 was set at $752.69, and the minimum weekly indemnity benefits for calendar year 2013 was set at $150.54.
• Permanent partial disability (PPD)– PPD benefits are awarded to workers who have a permanent disability rating but also are able to work for a living. PPD payments usually last for 425 weeks (8 years, 9 weeks). The worker’s permanent disability rating, or permanent impairment rating, is determined according to the American Medical Association’s “Guides to the Evaluation of Permanent Impairment” and expressed as a percentage.The maximum PPD benefit is 75 percent of the state’s average weekly wage ($752.69 in 2011), or a payment of $564.52for 2013. There is no minimum PPD benefit. The specific amount a worker receives depends on his or her capacity for work, education, age and other factors. As the disabled workers’ circumstances change (for example, ifhis or her capacity to work declines) the benefit may be adjusted.
• Death benefits— If a worker dies within four years of being injured on the job (including immediately), and the death is determined to be work-related, the worker’s estate is to receive a lump-sum death benefit. The amount of this benefit is adjusted annually. It was set at $73,933.98 for 2013. The surviving spouse and certain dependents are also eligible for weekly benefits, up to a maximum of 75 percent of the average weekly wage of the deceased.
• Black lung benefits–Black lung disease (also known as coal workers’ pneumoconiosis or CWP) is of particular concern in Kentucky’s coal mining industry. Black lung benefits are awarded according to identification of black lung disease by X-ray; classification of the worker’s disease as Category 1, 2 or 3 or “complicated pneumoconiosis”; and the degree of pulmonary impairment, if any, shown to have been caused by coal dust exposure.An application for black lung benefits requires a separate form and testing. The amount and duration of black lung benefits vary according to the extent of impairment, the workers’ age, the dates of exposure and other factors.
• Retraining incentive benefits (RIBs) — RIBs are available to some injured or ill workers, including black lung disease victims. They are designed to help a worker obtain a General Educational Development (GED) certificate and/or other education toward a better employment situation. RIBs vary according to whether the worker is a full-time or part-time student and, like other benefits, are based on the worker’s average weekly wages prior to injury.

Need Help Getting the Workers’ Comp Benefits You Deserve? Call Us Today

If you or a loved one needs legal assistance with a workers’ compensation claim, or if you have questions about appealing a decision, the Frank Jenkins Law Office can help. For over 15 years, our Lexington workers’ compensation lawyers have helped injured and ill workers obtain the workers’ compensation benefits they deserve.Contact one of our experienced Kentucky workers’ compensation attorneys today at 859-389-9344 or use our online contact form.

We assist injured workers in Lexington and the surrounding communities of Berea, Georgetown, Nicholasville, Paris, Richmond, Versailles and Winchester, as well as all of Eastern Kentucky. We can help you, whether you are just starting the process of pursuing a workers’ comp claim or you are appealing a denial of appropriate benefits.