NWCDN is a network of law firms dedicated to protecting employers in workers’ compensation claims.
NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.
Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.
Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.
Return to Work: When an employee is not at MMI but is still being treated for a work injury:
- In
your state, is the employee obligated to seek alternative work if
employment ends with injury employer? No
- Does
your state require documentation of offered work by the injury employer? No
- If
so, are there specific time requirements and if timelines are not met,
what is potential exposure? No
Vocational Rehab:
- Does
your state have vocational rehabilitation requirements for worker’s
compensation injuries? In Kentucky, injured workers who are unable to
perform work for which they have previous training or experience, are
entitled to “such vocational rehabilitation services, including retraining
and job placement, as may be reasonably necessary to restore him or her to
suitable employment.” KRS 342.710 (3). Vocational rehab is not required
unless it is ordered by the ALJ. Id. It is grossly underutilized in
KY.
- Are
there state requirements for vocational rehab? KY has an Office of
Vocational Rehabilitation, but it is not specific to workers compensation.
KRS 151B.185.
- Does
the state have a vocational rehabilitation program under worker’s
compensation? An ALJ may refer an injured worker to an Office of Workers’
Claims employee for implementation of vocational rehab services. 803 KAR
25:101 Sec. 4(1). The Office of Workers’ Claims employee shall refer the
worker for a vocational evaluation at a facility listed in the Directory
of Vocational Evaluation Facilities, meaning facilities accredited by CARF
in the area of comprehensive evaluation services or are operated by the
Department for Technical Education. 803 KAR 25:101 Sec. 4(2).
