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Workers' Compensation FAQ
Must I treat with the doctor selected by my employer or the workers’ compensation insurer?
No. Under Kentucky Law, you have the right to select your doctor. You may change that selection once, as a matter of right. But, if the workers’ compensation insurer has a managed care plan, you must choose one of the physicians in the plan.
Am I entitled to mileage reimbursement for doctor’s visits?
Yes. But you must use a specific Form generated by the Department of Workers’ Claims (Form 114), and submit it within 60 days of the travel.
Can my employer fire me for making a workers’ compensation claim?
No. Under Kentucky law, if your employer terminates you for filing a workers’ compensation claim, you could file a lawsuit against your employer for wrongful termination.
Can I recover pain and suffering in a workers’ compensation claim?
No. Kentucky law only provides for certain types of benefits, such as medical expenses, income replacement benefits, and permanent disability benefits.
What if the injury was caused by the negligence of a third party (not your employer or a co-worker)?
Then you can pursue an injury claim against that third party, in addition to your worker’s compensation claim.
How long do I have to file a claim?
The Statute of Limitations in a workers’ compensation claim is two (2) years from the date of injury, or two (2) years from the last date you were paid Temporary Total Disability benefits. Failure to file a claim within the Statute of Limitations may result in your claim being forever barred.
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