An Overview of Workers’ Compensation in Kentucky
Written by Cooper & Friedman PLLC on January 27, 2026
Legal Definition
The Kentucky Workers’ Compensation Act of 1916 defines workers’ compensation in Kentucky. According to the Kentucky Education and Labor Cabinet, Workers’ Compensation is:
“…a safety net for employees, providing medical care and monetary benefits when an employee cannot work due to a work-related injury or occupational disease. The system is the result of a mutually beneficial compromise that provides benefits for employees while limiting an employer’s liability for work-place injuries and diseases. This compromise can be found in Chapter 342 of the Kentucky Revised Statutes, commonly called the Workers’ Compensation Act.”
Process
We have the Department of Workers’ Claims to handle Workers’ Compensation cases in Kentucky. If the employer and employee cannot reach a decision for compensation, then either can file an Application for Resolution of a Claim form with the department. To do this, attorneys representing employers and employees must file the claim form electronically. Those representing themselves may file the form electronically or via a paper form. After that, the process for a workers’ compensation case in Kentucky usually follows these steps (from the Kentucky Education and Labor Cabinet):
- The Department will issue an order assigning the case to an Administrative Law Judge and schedule a Benefit Review Conference (“BRC”).
- A BRC is an informal proceeding held before the Administrative Law Judge. It gives the parties the opportunity to discuss the case, allows the ALJ the opportunity to rule on any procedural disputes, and set a date for the formal hearing.
- At the formal hearing, the parties present evidence and testimony for consideration by the Administrative Law Judge when making a decision.
- The Administrative Law Judge will render a decision in the case within sixty days after the hearing.
If the decision is settled and agreed upon by all parties, the case is resolved. However, if any party disagrees with the decision, then an addition process may take place:
- Any party who disagrees with the Administrative Law Judge’s decision may file an appeal to the Workers’ Compensation Board (“WCB”).
- The Workers’ Compensation Board will review the Administrative Law Judge’s decision and determine whether the Administrative Law Judge erred in applying the law to the facts of the case.
- A party cannot submit new or additional evidence to the Workers’ Compensation Board.
- The Administrative Law Judge’s factual findings will not change unless there is no evidence to support the Administrative Law Judge’s decision.
Once the Workers’ Compensation Board makes a decision, the case may be closed. If not, parties can appeal to the Kentucky Court of Appeals, and then to the Supreme Court of Kentucky.
Injuries at Work That May Qualify for Workers’ Compensation
According to the Commonwealth of Kentucky Department of Workers’ Claims Annual Report for 2023-2024, the number of First Reports of Injury make up 4 categories:
- Coal Workers’ Pneumoconiosis (CWP)
- Hearing Loss
- Injury
- Other Occupational Disease
Injury and Other Occupational Disease are both broad terms, but the Kentucky Statute 342.0011 defines them further.
Injury
“Injury” means any work-related traumatic event or series of traumatic events, including cumulative trauma, arising out of and in the course of employment which is the proximate cause producing a harmful change in the human organism evidenced by objective medical findings.
“Injury” does not include the effects of the natural aging process, and does not include any communicable disease unless the risk of contracting the disease is increased by the nature of the employment.
“Injury” when used generally, unless the context indicates otherwise, shall include an occupational disease and damage to a prosthetic appliance, but shall not include a psychological, psychiatric, or stress-related change in the human organism, unless it is a direct result of a physical injury.
Occupational Disease
“Occupational disease” means a disease arising out of and in the course of the employment if there is apparent to the rational mind, upon consideration of all the circumstances:
- A causal connection between the conditions under which the work is performed and the occupational disease,
- Can be seen to have followed as a natural incident to the work as a result of the exposure occasioned by the nature of the employment,
- Can be fairly traced to the employment as the proximate cause.
The occupational disease shall be incidental to the character of the business and not independent of the relationship of employer and employee. An occupational disease need not have been foreseen or expected but, after its contraction, it must appear to be related to a risk connected with the employment and to have flowed from that source as a rational consequence.
Lawyer for Workers’ Compensation in Kentucky
If you or someone you love has been injured in a workplace accident in the State of Kentucky and are in need of an experienced workers’ compensation attorney, give the lawyers at the Cooper & Friedman law firm a call. The attorneys at Cooper and Friedman PLLC have over 50 years of combined experience defending the rights of injured workers. Contact us with questions you might have or schedule a free case consultation with an attorney by calling 502-459-7555 today.