Workers’ Compensation Eligibility

March 22nd, 2013 | Kentucky Workers' Comp

Are you eligible for Kentucky workers’ compensation benefits? Workers’ compensation is a no fault system of insurance meaning that regardless of who is at fault for the work accident and ensuing injuries, whether it be the worker, employer or an outside party, benefits can still be received. Whether an accident or injury is work-related depends on the facts of each individual case.

Where can a work accident or injury occur? It can occur either on or off the employer’s premises.

When can a work accident or injury occur? Work injuries can occur, coming in to or leaving work if you are on the employer’s premises, performing your regular work duties while on the job, during a smoke break, on a bathroom break, on lunch break (in limited situations) and just immediately before or after you clock out.

How can a work accident or injury occur? There are a variety of ways a person can get injured on the job; so many that they cannot all be listed for this article. For example, a person can sustain injuries after a fall off of scaffolding to doing something as simple as bending over to pick up a pencil they dropped on the floor. An injury can also arise after performing the same repetitious motion for a period of time or using vibratory tools. A person can sustain a work related injury after a chemical spill such as breathing in hazardous fumes or having their skin burned and permanently scarred. Other ways a person can get injured on the job include tripping, slipping, and falling. Many injuries occur while a person is using machinery that either malfunctions or is missing safety devices. When a machine is missing a safety device, in a few cases, you may obtain increased benefits for what is called a safety penalty.

What types of injuries are covered under workers’ compensation insurance? An injury is not limited to a broken bone or back strain. Injuries include conditions such as carpal tunnel syndrome, rotator cuff tears in the shoulder, ligament and cartilage tears in the knee to back strains and herniated discs. Kentucky also allows for psychological or psychiatric injuries in limited cases. A person must have sustained a physical trauma before a psychological or psychiatric can be claimed. On the job fatalities are also covered under Kentucky workers’ compensation insurance.

There are many considerations to be undertaken after being injured on the job. This article only discusses and lists limited scenarios in a potential workers compensation claim and is not meant to be exhaustive.