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How Long After an Accident Can You File Workers’ Comp in Kentucky?

how long after an accident can you file workers comp

What you’ll learn from this article: 

  • Workers’ compensation provides financial support and medical benefits to employees who experience work-related injuries or illnesses. 
  • In Kentucky, if you experience a workplace accident or injury, you must report the incident to your employer as soon as possible. 
  • Engaging an experienced attorney early on can help ensure proper reporting, evidence gathering, and accurate filing of the claim, especially when facing challenges such as denial by the employer or insurance company.

Accidents in the workplace happen unexpectedly, leaving employees injured and unsure of their next steps. Fortunately, workers’ compensation exists to provide financial support and medical benefits to workers who suffer work-related injuries or illnesses. This article shares the essential information you need to protect your legal rights when injured on the job. 

What is Workers’ Compensation?

Workers’ compensation is a system that protects both employers and employees in case of work-related injuries or illnesses. Kentucky requires employers to carry workers’ compensation insurance that covers their employees’ medical expenses, rehabilitation, and lost wages resulting from workplace accidents. If they have insurance coverage, employers are not personally responsible for paying for an injured employee’s claims. Workers’ compensation is a no-fault insurance so generally, no matter who was at fault for your injury, it is still covered.

What Types of Accidents Should I Report? 

When in doubt, report it. Even if your injury feels minor or insignificant, it’s essential to err on the side of caution and report it to your employer. Untreated injuries can worsen with time, and signs of infection won’t immediately appear after an accident. Remember, Kentucky state law requires you to report your injury to your employer “as soon as practicable” after it happens. Notice does not have to be given in a formal matter, even a text, email or conversation with your supervisor letting them know you got hurt is sufficient. Requiring notice as soon as possible allows your employer time to investigate your injury and to take steps to keep your condition from getting worse, such as putting you on light duty work or sending you to the doctor. If you don’t report the accident and an issue pops up months later – your employer may not be required to pay your medical bills or compensate you for lost wages.

How Long After an Accident Can You File Workers’ Comp?

Timely filing of your KY workers’ comp claim is crucial to protecting your rights and ensuring you receive the benefits you deserve. Failing to meet workers’ comp deadlines may result in the denial of your claim, leaving you without the financial support you need during your recovery.

  1. Reporting the Accident: The first step is reporting and documenting the accident to your employer. In Kentucky, you must inform your employer about the injury as soon as possible. There is no hard and fast rule even though some employers have their own policies. Failing to report within this time frame can jeopardize the chance your claim will be accepted.
  2. Filing the Claim: After officially reporting the incident to your employer, you have two years from the date of the accident or the date you were last paid temporary total disability benefits, whichever is later, to file a workers’ comp claim. This means you must officially submit your claim paperwork to the Kentucky Department of Workers’ Claims within this timeframe.
  3. Occupational Diseases: For illnesses or conditions that develop over time due to workplace exposure (occupational diseases), the two-year period begins when you become aware of the illness and its relation to your job.

What to do If You’re Injured While Working

  1. Seek Medical Attention: Your health is the top priority. Seek medical attention immediately after the accident, even if the injuries seem minor.
  2. Notify Your Employer: Inform your employer about the accident as soon as possible. Provide them with all necessary details regarding the incident and your injuries.
  3. Document Everything: Maintain a record of all communication related to the accident and your injuries. This includes emails, notes, and any correspondence with your employer, healthcare providers, or insurance representatives.
  4. File the Claim Promptly: Once you’ve received medical treatment and reported the accident, start filing your workers’ comp claim as soon as possible. This is the perfect time to engage an experienced legal professional who knows how long you have to file workers’ comp in Kentucky.

When to Consult a Workers’ Compensation Attorney

Some injured employees choose to navigate a simple claim on their own, however even the simplest claims involve an understanding of the complex process required to deal with a workers’ compensation case. If your claim involves complex legal issues or if you need clarification on any step in the process, consulting an attorney will provide you with peace of mind and ensure you are being treated fairly.

It’s helpful to consult an attorney from the very beginning to help you report the accident, gather evidence, and file the claim correctly. Engaging an experienced workers’ compensation attorney early on protects your legal rights while you can focus on healing. 

Having an attorney familiar with your accident is also helpful if your claim faces challenges, such as denial by your employer or insurance company. Experienced legal representation is highly recommended if your injuries are severe and potentially long-lasting. 

How to Request a Free Consultation

If you were injured in a workplace accident, please contact McCoy & Sparks for a free and confidential consultation. We’ll ask questions about your situation and help you understand what to do next.

You can trust us with your workers’ compensation case. We’ll work tirelessly to ensure you get the results you deserve.


Call 1-844-4KY-WINS