Kentucky offers a variety of possible workers’ compensation benefits to injured workers. The exact amount depends on several variables including the nature of your injury, how much you were making at the time you were injured, and the law applies to your claim. Following is a general guide to estimating the amount of the benefits you may be eligible for.

Maximum Medical Improvement (MMI)

Maximum Medical Improvement (MMI) means the point at which your condition has improved as much as it is ever going to. This may still leave you with some permanent loss of function. If you are applying for permanent disability, you may need to reach MMI before your award can be finalized. If you are applying for temporary benefits, these benefits might stop once you reach MMI.

Types of Kentucky Workers’ Compensation Benefits

Kentucky workers’ compensation benefits can be divided into six classifications:

Temporary total disability: TTD benefits amount to two-thirds of your average weekly wage, with a minimum and maximum weekly benefit (ranging from $169.67 to $933.35 in 2018). Benefits stop when you return to work or reach MMI.

Total permanent disability: PTD benefits are the same as TTD benefits (see above) except that they do not stop[ until you recover from your disability or reach your Social Security retirement age.

Permanent partial disability: PPD benefits are calculated as follows:
(.6667 x your average weekly wage) x your impairment rating x statutory multiplier)
Your doctor will assign you an impairment rating (65 percent, for example) once you reach MMI. Your impairment rating will be calculated as follows:

• 0-5 percent: 0.65
• 6-10 percent: 0.85
• 11-20 percent: 1.00
• 21-25 percent: 1.15
• 26 to 30 percent: 1.35
• 31 to 35 percent: 1.5, and
• 36 percent or more: 1.7.

If, for example, your average weekly wage is $600 and your impairment rating is 75 percent, your weekly payment will be (.667 x $600) x 75% x 1.7 = $510.

Medical expenses: These expenses must be reasonable and necessary.

Travel to and from doctors’ appointments: These expenses must be reasonable and necessary;

Death benefits (to spouse and dependents): Survivors are eligible for both a lump sum payment and weekly benefits. The exact amount depends on the number of dependents and state minimum and maximum benefits.

Statutory Limitations on Benefits

Kentucky imposes certain statutory limitations on workers’ compensation benefits, including:

• No matter how much you were making, a weekly maximum applies;
• You are ineligible for “pain and suffering” damages unless you opt out of the workers’ compensation system entirely and file a personal injury lawsuit; and
• Your benefits can be reduced if you intentionally violated a safety rule.

It’s Not Just Whether You Win or Lose – It’s How Much You are Awarded

You can “win” a workers’ compensation claim and still lose. What that means is, you have lost if your award amounts to less than what you need and less than what you are entitled to. Retaining a lawyer drastically increases your chances of winning a fair settlement. Contact Kentucky workers’ compensation lawyer Glenn Martin Hammond for a consultation, by calling (606) 437-7777 or by filling out our online contact form. We serve clients throughout Kentucky.