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How to Recover Lost Wages In A Kentucky Workers’ Compensation Claim

lost wages and workers compensation
workplace accidents

Each year in Kentucky, more than 35,000 people experience workplace injuries and illnesses. Kentucky is among the 20 states with the highest rates of workplace accidents in the nation.

The good news is that any Kentucky employer with at least one worker must provide workers’ compensation benefits. If you’re injured on the job or acquire an illness from working, you can seek wage replacement and covered medical care.

Handle this process carefully because it usually represents your exclusive remedy for a workplace injury, meaning you can’t sue for additional compensation later. Below is more information from the Kentucky workers’ compensation lawyers at McCoy & Sparks about claiming wage loss.

Can I Collect Workers’ Compensation Payments for Loss of Wages?

At this challenging time in your life, you’re concerned about losing your income as you try to recover from your injury. If you’ve suffered a work-related injury and have been taken off work by your treating doctor, or placed on restrictions that are preventing you from returning to work, you may be eligible for benefits known as temporary total disability benefits. 

One of the keys to making a successful workers’ compensation claim is reporting your injury/illness immediately. Contact your employer and make an incident report right away if you’ve suffered an acute injury, such as a lifting injury or a fall. Report any other work-related injury/illness as soon as you’re aware of it or a doctor informs you of it.

What if you had a workplace accident that was your fault? The good news is that Kentucky has a no-fault workers’ compensation system where workers are eligible for benefits no matter who is at fault. 

What if your employer failed to obtain coverage for workers compensation claims? The state also has an Uninsured Employers’ Fund to ensure no injured worker will be unable to claim benefits simply because their employers have failed to obtain coverage.

Am I Eligible for Compensation Back Pay for Lost Wages?

If your medical provider takes you completely off work or assigns restrictions that keep you from working that are due to a workplace injury/illness, the workers’ compensation insurance carrier must continue paying at least a portion of your wages. This is known as temporary total disability benefits (TTD), and is intended to compensate you for lost wages or wage loss for any periods you are out of work. 

The period begins when you are unable to work for more than a calendar week. If you miss less than a week you are not compensated for that period.If you miss seven days or more, you are entitled to benefits for each additional day after the first week. However, only once you miss more than two weeks, will you receive back pay dating all the way to the first day.

Your temporary total disability benefits are calculated at a rate of two-thirds your average weekly wage (AWW). Kentucky has state maximums for the amounts of wages you can claim, and this impacts high wage earners because there are caps for what you can collect. For 2023, the maximum  an injured worker can collect per week in TTD benefits is $1,118.43. This means that if your average weekly wage is greater than $1,677.56, then it does not matter what your AWW is – you will never receive more than the maximum amount in TTD benefits. 

If your claim was denied, or the insurance company is refusing to pay for your TTD Benefits, our office may still be able to help. A denial of medical treatment or TTD isn’t always the end of the road. Find out what your options are by speaking to a Kentucky workers’ compensation lawyer about the details of your situation.

Lost Wages in a Kentucky Workers’ Compensation Claim? Contact McCoy & Sparks

After a workplace injury or illness, you may be entitled to wage loss benefits that help you support your family and continue your recovery. Contact the Kentucky workers’ compensation lawyers at McCoy & Sparks. We care about helping you claim the workers’ compensation benefits you deserve.

Our process starts with a discussion and needs analysis where we get to know you on a personal level. We’ll ask about your workplace injury, how you reported it, and whether you have received proper medical care. We’ll explain your legal options, helping you feel informed and empowered along the way.

Call 1-844-4KY-WINS and request a risk-free consultation about wage loss and workers’ compensation. We’re here to help you.