Filing a Kentucky workers comp claim comes down to two deadlines and a few clear steps: report the injury to your employer, get medical care, and file with the state before the statute of limitations runs out. This guide walks through the Kentucky process in plain English, with the exact deadlines you cannot miss. All figures are from Kentucky sources, verified as of June 2026.
Kentucky at a Glance
| Report to employer | No fixed number of days in the statute — KRS 342.185 requires the injured worker to give notice of the accident to the employer “as soon as practicable” after it happens. There is no specific day count, but late notice can be grounds to deny a claim, so many practitioners advise reporting in writing without delay (commonly within 30 days). Note: this is separate from the 2-year deadline to FILE a claim. Confirm specifics with the Kentucky Department of Workers’ Claims and a licensed attorney. |
| Deadline to file | 2 years. Under KRS 342.185, an injured worker generally must file a workers’ comp claim within 2 years from the date of the accident OR the date of the last voluntary payment of temporary total disability (TTD) income benefits, whichever is later. For cumulative-trauma or occupational-disease claims the clock generally runs 2 years from the date a physician advises the condition is work-related, with a separate outer limit of 5 years from the last injurious exposure for many occupational diseases. |
| Where to file | Kentucky Department of Workers’ Claims (DWC), within the Education and Labor Cabinet. A formal claim is started by filing Form 101 (Application for Resolution of Injury Claim) — Form 102 is used for occupational disease/hearing loss. Filing is done through the Department’s electronic Litigation Management System (LMS); attorneys must file electronically, and self-represented workers may file via LMS or on paper. DWC claims specialist line: 800-554-8601. |
| Choose your doctor? | Generally the injured worker may choose their own treating physician — UNLESS the employer has a managed health care plan approved by the DWC commissioner (KRS 342.020 / 803 KAR 25:110), in which case the worker must use an in-network physician except for emergency care or treatment already begun before the plan was approved. A claimant may change the designated treating physician once without the employer/insurer’s permission; further changes require the insurer’s consent or approval by a workers’ comp Administrative Law Judge. The employer pays for reasonable and necessary medical treatment from day one (no waiting period on medical care). |
| Benefits start | Wage-loss (TTD) benefits are subject to a 7-day waiting period — no income benefits are paid for the first 7 days of disability, and TTD begins on day 8. If the disability lasts more than 2 weeks (the worker misses 15 or more calendar days), the first 7 days are then paid retroactively. TTD is generally two-thirds (66 2/3%) of the worker’s average weekly wage, subject to the state’s annual minimum and maximum. Medical benefits are NOT subject to the waiting period and are covered from the date of injury. |
In This Kentucky Guide:
Filing a Workers’ Comp Claim in Kentucky
Filing a Kentucky workers comp claim comes down to two deadlines and a few clear steps: report the injury to your employer, get medical care, and file with the state before the statute of limitations runs out. This guide walks through the Kentucky process in plain English, with the exact deadlines you cannot miss. All figures are from Kentucky sources, verified as of June 2026.
How to File a Workers’ Comp Claim in Kentucky
First steps: 1) Get medical treatment immediately (emergency care first if needed). 2) Report the injury to your employer/supervisor as soon as practicable, in writing, including date, time, place, how it happened, and the body parts affected. 3) Keep copies of the injury report and all medical records and out-of-work notes.
4) The employer/insurer files a First Report of Injury with its carrier (within 3 working days) and, if you miss work, reports to DWC. 5) If benefits are not voluntarily paid or are disputed, file Form 101 with the Department of Workers’ Claims before the 2-year deadline.
1) Injury reported to employer; employer notifies its insurance carrier (within 3 working days) and, for lost-time, the DWC. 2) Insurer investigates and either voluntarily pays benefits or denies. 3) If denied or disputed, the worker files Form 101 (Application for Resolution of Injury Claim) with the Department of Workers’ Claims through LMS.
4) The claim is assigned to an Administrative Law Judge (ALJ); the parties exchange evidence and medical proof (Benefit Review Conference / discovery period). 5) A formal hearing is held before the ALJ, who issues a written Opinion, Award, or Order. 6) Either party may seek reconsideration or appeal.
Choosing a Doctor in Kentucky
Generally the injured worker may choose their own treating physician — UNLESS the employer has a managed health care plan approved by the DWC commissioner (KRS 342.020 / 803 KAR 25:110), in which case the worker must use an in-network physician except for emergency care or treatment already begun before the plan was approved.
A claimant may change the designated treating physician once without the employer/insurer’s permission; further changes require the insurer’s consent or approval by a workers’ comp Administrative Law Judge. The employer pays for reasonable and necessary medical treatment from day one (no waiting period on medical care).
What to Do If Your Kentucky Claim Is Denied
If the claim is denied or benefits are disputed, the worker files Form 101 with the Department of Workers’ Claims to have the dispute resolved by an Administrative Law Judge (ALJ), who holds a hearing and issues a decision.
To challenge the ALJ’s decision, a party may first file a Petition for Reconsideration with the ALJ (limited to correcting patent errors) within 14 days, and/or appeal to the Kentucky Workers’ Compensation Board. The Board’s decision can be further appealed to the Kentucky Court of Appeals and then the Kentucky Supreme Court.
Appeal deadline: 30 days. Under KRS 342.285, a party aggrieved by an ALJ’s award, order, or decision must file a Notice of Appeal to the Workers’ Compensation Board within 30 days of the date the decision is filed. This deadline is strictly enforced — missing it generally results in dismissal of the appeal. (A separate Petition for Reconsideration to the ALJ has a 14-day deadline under KRS 342.281.)
Was your claim denied? A denial is not the end of the road in Kentucky — many denials are overturned on appeal. A workers’ comp attorney can review your case, usually for a free consultation.
What Happens After You File in Kentucky
Once your claim is filed in Kentucky, the employer’s insurer reviews it and either accepts it, asks for more information, or denies it. If it is accepted, your medical treatment is covered and your wage benefits begin after the waiting period.
Keep copies of everything — the injury report, your medical records, and any letters from the insurer — because they are what protect your claim if there is ever a dispute.
Common Mistakes That Hurt a Kentucky Claim
The two most common ways injured workers in Kentucky lose benefits are missing a deadline and gaps in medical treatment. Report the injury in writing as soon as you can, see a doctor and follow the treatment plan, and do not assume a verbal mention to a supervisor counts as official notice. If anything about the process is unclear, your state workers’-comp board can walk you through the next step.
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Other Kentucky claim rules: (1) Petition for Reconsideration to the ALJ must be filed within 14 days of the decision (KRS 342.281), and is limited to correcting patent/clerical errors — it is not a full re-argument. (2) A claimant may change the designated treating physician once without permission.
(3) The 2-year filing clock can restart/extend from the last voluntary TTD payment, so the deadline is measured from the LATER of the injury date or last TTD payment. (4) Coal-workers’ pneumoconiosis (black lung) and other occupational-disease claims have their own special notice, filing, and proof rules under Chapter 342. Confirm all deadlines with the Kentucky Department of Workers’ Claims and a licensed Kentucky attorney.
Filing Your Kentucky Workers Comp Claim the Right Way
A Kentucky workers comp claim stands or falls on two things: hitting the deadlines and documenting the injury. Report the injury to your employer within the state window, file the Kentucky workers comp claim with the right agency before the statute of limitations runs out, and keep seeing your doctor.
Most denied claims come down to a missed deadline or a thin medical record — get both right and your Kentucky workers comp claim is on solid ground.
Frequently Asked Questions
How long do I have to report a work injury in Kentucky?
In Kentucky, you generally must tell your employer within No fixed number of days in the statute — KRS 342.185 requires the injured worker to give notice of the accident to the employer “as soon as practicable” after it happens. There is no specific day count, but late notice can be grounds to deny a claim, so many practitioners advise reporting in writing without delay (commonly within 30 days).
Note: this is separate from the 2-year deadline to FILE a claim. Confirm specifics with the Kentucky Department of Workers’ Claims and a licensed attorney. of the injury. Report it in writing as soon as you can — waiting can put your benefits at risk.
How long do I have to file a workers’ comp claim in Kentucky?
The Kentucky statute of limitations to file is 2 years. Under KRS 342.185, an injured worker generally must file a workers’ comp claim within 2 years from the date of the accident OR the date of the last voluntary payment of temporary total disability (TTD) income benefits, whichever is later.
For cumulative-trauma or occupational-disease claims the clock generally runs 2 years from the date a physician advises the condition is work-related, with a separate outer limit of 5 years from the last injurious exposure for many occupational diseases.. Reporting the injury and filing the claim are two separate deadlines — do not rely on one to cover the other.
What if my Kentucky workers’ comp claim is denied?
If the claim is denied or benefits are disputed, the worker files Form 101 with the Department of Workers’ Claims to have the dispute resolved by an Administrative Law Judge (ALJ), who holds a hearing and issues a decision.
To challenge the ALJ’s decision, a party may first file a Petition for Reconsideration with the ALJ (limited to correcting patent errors) within 14 days, and/or appeal to the Kentucky Workers’ Compensation Board. The Board’s decision can be further appealed to the Kentucky Court of Appeals and then the Kentucky Supreme Court.
Official Kentucky Sources & Resources
- Kentucky Kentucky Department of Workers’ Claims (DWC), part of the Kentucky Education and Labor Cabinet; disputed-claim appeals are heard by the Kentucky Workers’ Compensation Board.: https://elc.ky.gov/Workers-Compensation/Pages/default.aspx
- Kentucky Workers’ Comp Statute: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47617
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Kentucky workers comp claim guide was last verified against official sources in June 2026. Deadlines and procedures change — confirm the current rule with your state workers’-comp board or a licensed attorney.
More Kentucky Workers’ Comp Guides
- Kentucky Workers’ Comp Settlements
- Kentucky Workers’ Comp Requirements (Employers)
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.