Kentucky’s workers’ compensation system includes a one-week waiting period before temporary total disability benefits begin. Here's how it works and what it means for injured workers.

Kentucky’s Waiting Week Rule: What It Means for Injured Workers

When a workplace injury leaves an employee unable to work, Kentucky’s workers’ compensation system offers financial relief in the form of temporary total disability (TTD) benefits. But those benefits don’t kick in right away. The state imposes a seven-day waiting period—a buffer that determines when payments begin.

This "waiting week" often creates confusion and financial strain for injured workers. It's not just a delay in payment—it's a built-in rule with exceptions, timelines, and consequences that matter. Understanding how this rule functions is essential for anyone pursuing a Kentucky workers' comp claim.

How the Waiting Week Works in Kentucky Workers’ Compensation

The Basics of the Seven-Day Rule

In Kentucky, if an employee is injured on the job and becomes disabled, no income benefits are paid for the first seven days of lost work. This is known as the “waiting week” under KRS § 342.040(1).

However, there's a caveat:

• If the worker remains disabled for more than 14 consecutive days, they become entitled to retroactive payment for the initial seven days.
• If the worker recovers in less than 15 days, that first week is effectively unpaid.

This system was designed to reduce short-term claims and administrative burdens. But in practice, it often places a financial burden on workers with legitimate injuries who recover just shy of the 15-day threshold.

When Are Temporary Total Disability Benefits Paid in Kentucky?

Eligibility Requirements

To receive TTD benefits under Kentucky law, an injured worker must:

• Be medically unable to perform the job held at the time of the injury
• Be out of work for more than seven days
• Have a medical opinion supporting their inability to work due to the injury

Payment Timeline

• Days 1–7: No TTD payment unless the injury leads to more than 14 days of disability.
• Day 8 onward: TTD benefits begin.
• If the disability exceeds 14 days: Benefits are back-paid to cover days 1–7.

TTD payments in Kentucky are typically two-thirds of the worker’s average weekly wage, subject to minimum and maximum limits set by state law each year.

Why the Waiting Week Can Cause Financial Stress for Injured Workers

Short-Term Disabilities Aren’t Always Short-Term Problems

Not all injuries require months off the job. Some may sideline a worker for 10 to 13 days—long enough to miss a paycheck, but not long enough to trigger retroactive payment. For many families living paycheck to paycheck, that missing week of income can have immediate consequences, from missed rent to unpaid utility bills.

Employers and Insurers Benefit from the Delay

The waiting week can also benefit employers and insurance carriers by reducing the number of small claims they must process and pay. This creates a built-in advantage for the insurer—at the expense of the injured worker.

Exceptions and Special Cases

Medical Benefits Are Not Delayed

It’s important to note that the waiting week only applies to wage replacement, not medical care. Injured employees in Kentucky are entitled to immediate medical treatment covered by workers’ compensation, regardless of how long they’re out of work.

Light-Duty Work and the Waiting Week

If an employer offers light-duty work that meets the worker’s medical restrictions, and the employee accepts it, TTD benefits may not apply. But if the light-duty position pays less than the worker’s regular wages, temporary partial disability (TPD) benefits could be available instead.

How to Document Your Time Off for Eligibility

Keep Track of Disability Dates

Precise documentation is key to receiving backpay for the waiting week if the disability exceeds 14 days. Injured workers should:

• Keep detailed records of when their disability began and ended
• Obtain written statements from their treating physician indicating work restrictions
• Keep all communication with employers and insurance carriers

Don't Assume You’ll Automatically Receive Backpay

The retroactive application of benefits is not automatic. If your disability lasts more than 14 days, make sure to notify your attorney or claim administrator so the claim can be adjusted to include the waiting period.

Filing Deadlines and Statutory Rights in Kentucky

Kentucky law requires injured workers to report their injury as soon as practicable and file a formal workers’ compensation claim within two years of the injury or the last voluntary payment of benefits. While the waiting week may delay some payments, it does not pause or extend these deadlines.

Failing to file on time or waiting too long to report the injury could jeopardize your right to any benefits at all—including medical coverage and future compensation.

Legal Help Can Maximize Your Workers’ Compensation Benefits

Navigating Kentucky’s waiting week rule—and the broader workers’ comp process—can be challenging without guidance. An experienced Kentucky workers’ compensation attorney can help:

• Appeal denied claims or underpaid benefits
• Prove that your disability extended beyond 14 days
• Secure retroactive benefits for the unpaid waiting week
• Ensure you’re compensated fairly for lost wages and medical treatment

Workers' compensation laws are full of procedural traps and technicalities that employers and insurers often understand better than injured workers. Having legal counsel helps level the playing field.

Conclusion

The “waiting week” in Kentucky disability claims is more than a bureaucratic delay—it can be a real financial burden for injured workers. While the law permits backpay for longer periods of disability, those out for less than 15 days are often left without any income support during their most vulnerable time. Understanding how the waiting period works, what documentation is needed, and when legal help is appropriate can make a significant difference in the outcome of your claim. If you’ve been injured at work in Kentucky, don’t assume the system is working in your favor—take steps to protect your rights.

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.