Navigating the workers’ compensation system in Kentucky can be confusing, especially when misinformation spreads faster than facts. Many workers hesitate to report injuries or pursue benefits because of myths that distort what the law actually allows. Believing these misconceptions can cost injured employees time, money, and access to the support they legally deserve.

Here’s a breakdown of the most common myths about workers’ comp in Kentucky—and the facts that set the record straight.

Myth #1: You Can’t Get Workers’ Comp if the Injury Was Your Fault

Kentucky’s workers’ compensation system operates under a no-fault standard. This means employees can typically receive benefits regardless of who caused the accident. Whether you slipped due to a mistake you made or got hurt using equipment improperly, you may still qualify.

Exceptions do exist, such as injuries caused by intoxication or deliberate self-harm. But in general, fault is not a factor. The goal is to provide medical care and wage replacement quickly, not assign blame.

Myth #2: You Have to Be on Company Property to Qualify

Many workers believe they must be hurt on company premises to be eligible for benefits. In reality, the location doesn’t always matter—what matters is whether you were performing a job-related task when the injury occurred.

For example, injuries sustained while driving to a work site, making deliveries, or attending a job-mandated training session may all be covered. Even remote workers injured while performing work duties at home can file a valid claim.

Myth #3: Filing a Claim Means Suing Your Employer

Workers’ compensation is designed to prevent lawsuits, not encourage them. By accepting benefits, employees generally waive the right to sue their employer for negligence, and in turn, employers agree to provide medical treatment and wage loss benefits.

This system simplifies the process for both parties. You are not taking legal action against your employer—you are participating in a state-regulated benefits system that exists to protect injured workers.

Myth #4: You’ll Be Fired If You File a Claim

Retaliation for filing a workers’ comp claim is illegal under Kentucky law. If an employer demotes, disciplines, or terminates you for seeking benefits, they could face serious consequences.

The Kentucky Workers' Compensation Act includes anti-retaliation provisions that protect employees from workplace punishment tied to an injury report or claim. If retaliation does occur, the employee may have grounds for a separate legal claim.

Myth #5: Only Full-Time Employees Are Eligible

Whether you’re part-time, seasonal, or full-time, your employment status does not automatically disqualify you from workers’ comp coverage. In Kentucky, most employers with even one employee are required to carry workers’ compensation insurance, regardless of the number of hours the employee works.

Independent contractors, domestic servants in a private home, and certain agricultural workers may be exempt, but these exclusions are narrowly defined. If you’re unsure about your classification, it’s worth consulting with a workers’ compensation attorney.

Myth #6: If There’s a Pre-Existing Condition, You’re Not Covered

Pre-existing conditions are often a gray area, but they don’t automatically disqualify a claim. In Kentucky, if a work-related injury aggravates or accelerates a pre-existing condition, that injury may still be compensable.

For instance, someone with a history of back issues who re-injures their spine while lifting boxes at work might still qualify for benefits. The key is whether the job duties contributed to or worsened the condition beyond its natural progression.

Myth #7: You Only Receive Compensation for Serious Injuries

Workers' compensation isn’t limited to catastrophic injuries. Even seemingly minor incidents—like repetitive stress injuries or small lacerations that become infected—can be covered if they interfere with your ability to work or require medical treatment.

Kentucky law provides for medical care, temporary total disability (TTD) benefits, and in some cases, permanent partial or total disability payments, depending on the injury’s impact. Waiting until an injury becomes “serious enough” to report often delays treatment and complicates the claim process.

Myth #8: You Can’t Choose Your Own Doctor

In Kentucky, injured workers generally do have the right to select their own treating physician after the initial emergency visit. However, that doctor must accept workers’ compensation insurance and agree to follow state guidelines regarding billing and documentation.

It’s important to choose a medical provider familiar with the workers’ comp process to avoid delays or complications in care. You also retain the right to request a change in physician if treatment isn’t working out.

Myth #9: You Can Wait as Long as You Want to File

Timing matters. Kentucky law requires that employees notify their employer “as soon as practicable” after a workplace injury. Although there is some flexibility, waiting too long can lead to denied claims or reduced benefits.

In addition, injured workers must file a formal claim within two years of the date of injury or last payment of voluntary benefits, whichever is later. Missing this deadline can forfeit your right to compensation entirely.

Myth #10: All Workers’ Comp Cases End the Same Way

Every case is unique. Factors such as the type of injury, your occupation, medical history, and your employer’s insurance provider all influence the outcome. Some claims result in lump-sum settlements, others involve ongoing payments or medical care for years.

The process may involve hearings before administrative law judges, especially if there are disputes about the extent of your injuries or eligibility for benefits. Having the right documentation and legal guidance can make a significant difference.

Conclusion

Misinformation about workers’ compensation in Kentucky leads many injured workers to make decisions that harm their health, finances, or long-term recovery. Believing these myths can result in delayed treatment, denied claims, or lost benefits.

By understanding your rights and the realities of how the system works, you can take the right steps after a workplace injury and protect your ability to recover—both physically and financially. If you’re unsure about your situation, speaking with an experienced workers’ compensation attorney can help clarify your options and guide you through the process.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Kentucky Workers Comp Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.