An Executive Order issued on April 9, 2020 by Governor Andy Beshear contains important information regarding COVID-19 workers' compensation benefits in the state of Kentucky. The Order is in effect until it is rescinded by further order or operation of law.
If an employee has been removed from work by a physician due to occupational exposure to COVID-19, the employee shall be entitled to temporary total disability payments pursuant to KRS 342.730(1)(a) during the period of removal even if the employer denies liability of the claim. To be considered an occupational exposure, there must be a causal connection between the work performed and COVID-19, resulting as a natural incident with exposure due to the nature of the employment. Additionally, the usual 7-day waiting period requirement has been suspended and benefits will begin from the first day the employee was removed from work.
Under the Order, it is presumed that removal from work by a physician due to occupational exposure to COVID-19 applies in the following industries:
- Healthcare workers
- First responders
- Corrections officers
- Military
- Activated National Guard
- Domestic violence shelter workers
- Child advocacy workers
- Rape crisis center staff
- Department for Community Based Services workers
- Grocery workers
- Postal service workers
- Child care workers permitted by the Cabinet for Health and Family Services to provide limited child care during the State of Emergency
Payment of total temporary disability benefits does not waive the employer's right to contest its liability for the claim or other benefits to be provided.
To view the Executive Order, click here.
As each State continues to release updates regarding COVID-19, Prescient National Insurance Services will send communication as the changes occur. If you have any questions or need additional guidance, please contact us at info@prescientnational.com or call us at (704) 927-2860.
