Some on-the-job injuries are truly accidental, and it is often the case that these injuries are covered by workers’ compensation in Kentucky. Still, sometimes an injury is due to the careless or reckless behavior of the worker. These injuries may or may not be covered by workers’ compensation.
When does workers’ compensation provide coverage?
Kentucky workers’ compensation law covers any injury or ailment a worker suffers that occurs on-the-job. This law does not take fault into account. If the injury arose “in and out of employment,” it will be covered by the commonwealth’s workers’ compensation system.
Exceptions to workers’ compensation coverage
Note that there are some exceptions to workers’ compensation coverage in Kentucky. If a worker develops an injury or ailment due to simple aging, this does not qualify them for workers’ compensation benefits. In addition, mental health conditions are covered by workers’ compensation in Kentucky only if the ailment was due to a physical injury suffered on the job.
Horseplay
Then there is carelessness, drunkenness or purposeful injuries. If you were fooling around or intoxicated while at work and injured yourself, or if your injury was self-inflicted, it may or may not be covered by workers’ compensation. Even if coverage is granted in such situations, it may be at a reduced rate.
Ultimately, determining if your workplace injury is covered by workers’ compensation is not always straightforward. Employees who are injured on-the-job can still apply for workers’ compensation, though, and if they are denied benefits they can choose to appeal this denial.