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If you are unable to work because of a job-related injury or illness, workers’ compensation benefits may be the difference between paying the mortgage and finding a foreclosure notice in the mail.
There are two basic types of Kentucky workers’ compensation benefits. Medical benefits cover the cost of treating your injury or illness. Wage replacement benefits compensate you for your lost income.
The amount of wage replacement benefits is based on your average weekly wage, or AWW. This computation takes into account your income for the year prior to the injury or illness. With some exceptions, wage replacement benefits are two-thirds of your AWW.
In a typical workers’ compensation claim, the wages in the highest-paid 13-week period from the previous year will be used to determine your AWW. To illustrate, say you made $36,000 in the year prior to the injury or illness, including $10,000 during your highest-earning 13-week period. Divide $10,000 by 13 to arrive at $769.23. Your wage replacement benefits would be two-thirds of that amount, or $513.08.
Wage replacement benefits in Kentucky are subject to a minimum and maximum amount that changes each year. For 2014, the minimum weekly amount for temporary and total benefits is $153.81 for injuries or illnesses that occur after January 1, 2014. The maximum weekly amount is $769.06.
If you are the spouse or dependent of a Kentucky worker who died from a workplace injury or illness, you may also be entitled to workers’ compensation death benefits. You may receive both a lump sum and weekly benefits. As of 2014, the lump sum benefit amount is $75,541.
A surviving spouse may receive 50 percent of the deceased spouse’s AWW if there are no children. In the above example, you would be entitled to $256.54. If you have children living in the home, you would receive 45 percent and each child 15 percent. Therefore, in our example you would receive $230.89 and each child would receive $76.96. A dependent child with no surviving parent is entitled to 50 percent of the parent’s AWW. Minimum and maximum benefit amounts apply to all survivor benefits.
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Since opening his own law office in 1997, Frank Jenkins has dedicated his practice to helping disabled workers and individuals obtain the Workers' Compensation benefits to which they are entitled.
Jason attended the University of Kentucky as an undergraduate majoring in English, with a focus on creative writing. Having fallen in love with the town of Lexington, there was only one choice for him – attending the University of Kentucky College of Law.
I am a recent graduate of University of Kentucky College of Law. During law school I interned with a Family Court Judge, and also did an internship with The Children’s Law Center here in Lexington, KY. After taking the bar exam, I began work with Frank Jenkins Law Office as a Law Clerk.
For more than 15 years, the Frank Jenkins Law Office has helped workers across Kentucky obtain the workers' compensation benefits they need and deserve. Dealing with insurance companies, medical records, doctors, defense lawyers and the Department of Workers' Claims can be complex, time-consuming and frustrating — but you don't have to do it on your own! We can provide the legal skills and experience necessary to aggressively fight for your rights.
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