Workers are most at risk for injuries in industrial workplaces, including trucking and delivery services. The physical demands of these jobs take a toll on the body. Sometimes, strains happen. In others, more intense injuries occur.
In Kentucky, workers injured on the job can seek relief through the state’s workers’ compensation system. Under this system, most businesses must carry workers’ compensation insurance. It provides several types of compensation and benefits to injured workers, including medical expenses, lost wages (temporary total disability) and permanent impairment benefits.
However, the duration of these benefits depends on the nature and severity of the injury. It’s also not a guarantee that these benefits will last indefinitely. Each category of benefits has its own time limits. It’s important to understand these timeframes early on so you know what to expect and how to plan when benefits expire.
Benefits available to injured workers in Kentucky
Kentucky’s workers’ compensation system offers several benefits, each with its own rules and time limits. Here’s a breakdown of these benefits and how long they typically last.
Temporary total disability (TTD)
TTD benefits provide wage replacement (paid at 2/3 of your pre-injury average weekly wage) while you are restricted from work in the acute time frame after the injury. This type of benefit continues until you are either released to return to work or until you reach maximum medical improvement (MMI). MMI means your doctor believes your condition has plateaued and won’t improve further.
For example, if you break your leg, require surgery and physical therapy, and are restricted from work by your doctor; TTD benefits would be paid until you are either released to return to work or a doctor determines your recovery has come to a point that no further improvement is expected (i.e. you are as good as you are going to get). There’s no set time limit for TTD; it depends entirely on your recovery.
Permanent partial disability (PPD)
Once an injured worker reaches MMI, they are entitled to either Permanent Partial Disability benefits (PPD) of Permanent Total disability benefits (PTD). PPD benefits are for permanent injuries that are only partially disabling (i.e. you are able to return to some form of work). PPD benefits are based on a permanent impairment rating assigned by a doctor; and are derived pursuant to a Guidebook which has chapters for rating impairment for each body part. Impairment ratings may be based upon the type of treatment you have undergone, (for instance, a one-level back surgery results in 10-13% impairment), or can be based on ongoing functional issues, (like loss of range of motion in a Shoulder or Wrist — the less motion you have, the higher impairment).
PPD benefits are payable for 425 weeks if the impairment is less than 34%, or 520 weeks for impairments of 34% or greater. If a case settles, we can negotiate to have these benefits paid in a lump sum, rather than paid out weekly.
Permanent total disability (PTD)
If the injured worker has been totally knocked out of the workforce by the injury, they would be entitled to PTD benefits which pay at 2/3 of the average weekly wage until they turn 70 years old. For someone over 70 when injured, or within four (4) years of turning 70, these benefits are paid for a total of four years.
Medical benefits
These benefits cover all reasonable and necessary medical treatment for your work injury. This covers a wide range of treatments, including:
- Doctor visits
- Hospital care
- Surgery
- Prescription medications
- Therapy and equipment
- Mileage reimbursement for appointments
Medical benefits continue for 15 years from the date of injury if the injured worker is only partially disabled; or for life if the injured worker is totally disabled. However, the workers’ compensation insurance companies sometimes challenge whether treatment is truly reasonable and necessary, so there are at times Medical Fee Disputes and one should be prepared for that possibility.
Vocational rehabilitation
If one is unable to return to their pre-injury work, and lacks transferable job skills, a Judge can award Vocational Rehabilitation, (typically a semester or two at a trade school or junior college). This benefit helps you train for a new job if you can’t return to your previous work due to injury. For example, if a factory worker can no longer lift heavy things due to a back injury, vocational rehabilitation might help them train for a less physically demanding job, like a desk job.
Vocational rehabilitation may include the following:
- Job training
- Educational courses
- Assistance with job searching based on your new abilities
- Resume writing
Plan for your future
Knowing how long your workers’ compensation benefits last is very important for your recovery and future. Use this information to understand your rights, plan your next steps and get back on your feet.
