Kentucky’s workers’ compensation system is designed to protect employees who suffer work-related injuries or illnesses. While the program aims to provide financial and medical support, confusion and misinformation often surround the process. Misunderstandings about eligibility, benefits, and legal rights can prevent injured workers from filing claims or lead them to accept less than they deserve.

This article breaks down the most common myths about Kentucky workers’ compensation and clarifies what employees should actually expect from the process.

Misconception #1: You Must Be on the Clock to Qualify for Benefits

One of the most persistent myths is that injuries are only covered if they happen while an employee is “on the clock.” In reality, Kentucky law covers injuries that occur in the course and scope of employment—even if the worker was not officially clocked in.

For example, injuries sustained during a required company meeting, on a business trip, or while traveling between job sites may still be eligible to receive compensation. The factor is whether the activity was work-related, not whether the worker was being paid at the time.

Misconception #2: If the Injury Was Your Fault, You’re Not Eligible

Kentucky workers’ compensation operates under a no-fault system. Meaning that employees are able to receive benefits regardless of who caused the accident—as long as it occurred during the scope of employment. If a construction worker trips over their own tool and suffers a back injury, they may still qualify for compensation.

However, there are limits. Claims might be denied if the injury resulted from intoxication, intentional self-harm, or a violation of safety rules. But standard accidents, even those resulting from the employee’s own error, are generally covered.

Misconception #3: All Injuries Must Be Immediate and Obvious

Some workers wrongly believe they can only file claims for injuries that cause immediate pain or visible harm. In fact, many legitimate claims involve gradual injuries or delayed symptoms. For example:

• Repetitive stress injuries like carpal tunnel syndrome or tendonitis often develop over time.
• Occupational diseases such as respiratory conditions or hearing loss may not appear for years.
• Mental health injuries resulting from traumatic work events are also compensable under certain conditions.

Kentucky recognizes both sudden and cumulative trauma injuries, as long as they are job-related and properly documented.

Misconception #4: You Can Be Fired for Filing a Workers’ Comp Claim

Fear of retaliation is a common reason injured employees hesitate to report injuries or file claims. While Kentucky is an at-will employment state, it is illegal for an employer to fire or punish a worker simply for seeking workers’ compensation benefits.

KRS 342.197 protects employees from retaliation. If a worker is terminated shortly after filing a claim and can show a connection, they might be abke to recieve damages for wrongful termination. Employees who believe they were fired for asserting their rights should speak with an attorney promptly.

Misconception #5: You Have Plenty of Time to File a Claim

Kentucky has strict deadlines for reporting workplace injuries and filing claims. Delaying either step can jeopardize your right to benefits:

• Notice to employer: Workers must report the injury “as soon as practicable.” Failing to tell your employer within a reasonable timeframe may be grounds for denial.
• Filing deadline: The statute of limitations is two years from the date of injury or the last voluntary payment of income benefits, whichever is later.

Waiting too long or failing to document your injury early can severely impact your case. It's best to report the injury immediately and file within the designated window.

Misconception #6: You Must Accept the Company Doctor’s Diagnosis

Employers in Kentucky are allowed to refer injured workers to a medical provider initially. However, injured employees have the right to choose their own treating physician for ongoing care. You are not obligated to continue with a doctor selected by your employer or their insurance provider.

Choosing a trusted medical provider not only ensures you receive proper treatment, but also helps create an independent medical record that can support your claim.

Misconception #7: You Only Receive Compensation for Medical Bills

Medical costs are only one part of what workers’ compensation may cover. Injured employees may also be eligible for:

• Temporary total disability (TTD): Benefits for lost wages while you’re unable to work.
• Permanent partial disability (PPD): Compensation for lasting impairment after treatment.
• Permanent total disability (PTD): Long-term benefits if you can no longer work at all.
• Vocational rehabilitation: Services to help you train for a different job if you can’t return to your previous role.

The amount and duration of these benefits vary depending on the severity of the injury and your wage history. Don’t assume your only compensation will be medical coverage.

Misconception #8: You Don’t Need a Lawyer Unless You’re Suing

While it’s true that Kentucky workers’ compensation is an administrative process—not a lawsuit—many claims still benefit from legal representation. Insurance companies may delay payments, dispute the extent of your injury, or pressure you into settling for less than you’re owed.

A workers’ comp attorney can:

• Help you file correctly and on time
• Ensure you’re getting the full range of benefits
• Negotiate settlements and represent you in hearings if needed

Statistics show that injured workers who hire an attorney tend to recover more compensation than those who do it alone, especially in complex or contested cases.

Conclusion

Kentucky workers’ compensation laws offer valuable protection, but common misconceptions can lead to costly mistakes. Understanding your rights and separating fact from fiction can make a major difference in your recovery, both physically and financially.

Injured? The Office of Brandon J. Broderick, Workers Compensation Lawyers, Can Help

Navigating a Kentucky work injury can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.