Claims Kit

Penalties for Late Reporting KRS 342.990(7)(a)

Any employer, insurer, or payment obligor who fails to make a report required by KRS 342.038 within 15 days from the date it was due, will be fined not less than $100 nor more than $1,000 for each offense.

Through feedback from stakeholders, the Department of Workers’ Claims has learned that a limitation with the Litigation Management System prevents the filing of a claim for benefits due to alleged COVID-19 as an occupational disease claim (Form 102). By identifying the condition at issue as COVID-19, the applicant’s path to file the claim is limited to an injury claim (Form 101)

DWC is working to reprogram LMS to allow a party to elect to file a Form 101 or Form 102 for a COVID-19 claim. DWC hopes to add such a feature to the system within the next 15 days. In the meantime, DWC will accept paper filings of the Form 102 for parties wishing to assert an occupational disease claim in a COVID-19 case. DWC takes no position on whether a claim for work related COVID-19 should be asserted as an injury or occupational disease. If and when presented, that issue will be decided by an administrative law judge. DWC is only responding to a request that a claimant be allowed to file a Form 102 for such a claim if he or she wishes.

Parties with an interest in this issue are reminded that KRS 342.316(9) provides an opportunity for relation-back amendment of an injury claim if the condition alleged is subsequently discovered to be more appropriately pursued as an occupational disease claim.

The WCIO has updated the international Nature and Cause Injury Codes, with 83 Nature (COVID-19) and 83 Cause (Pandemic). Effective, Monday, March 23, 2020, the State of Kentucky will accept these new codes for EDI and reporting purposes in claims in which they are appropriate.

Physician Selection  342.020 (4)

In the absence of designation of a managed health care system by the employer, the employee may select medical providers to treat his injury or occupational disease. Even if the employer has designated a managed health care system, the injured employee may elect to continue treating with a physician who provided emergency medical care or treatment to the employee.

Employers may provide medical services through a managed health care system. The employee shall be allowed choice of provider within the plan

Reporting of Claim by Employer KRS 342.038

Every employer subject to this chapter shall report to his workers' compensation insurance carrier or the party responsible for the payment of workers' compensation benefits any work-related injury or disease or alleged work-related injury or disease within 3 working days of receiving notification of the incident or alleged incident.

Posting Requirements       KRS 342.610(6)

Kentucky statute requires every employer to display a Workers' Compensation Posting Notice conspicuously at its principal office and other locations, where employees report for payroll and personnel matters.  The workers' compensation insurance carrier should provide this notice at each policy renewal. This posting must provide current policy information and instructions to employees for reporting workplace injuries. 

Workers' Compensation Posting Notice