Statute of Limitations for Filing a Workers’ Compensation Claim in Kentucky: Timeline & Exceptions

Filing a workers’ compensation claim is a critical step after any job-related injury, but many workers are unaware that strict deadlines govern how long they have to act. Missing those deadlines can permanently affect your ability to collect benefits.

At Todd & Todd, we help employees throughout Lexington and Central Kentucky understand their rights under state law and ensure that no opportunity for compensation is lost. Knowing the statute of limitations and its exceptions allows injured employees to protect their claims with guidance from a workers’ compensation lawyer in Kentucky who understands the details of the process.

The Standard Filing Deadline in Kentucky

Under Kentucky Revised Statutes § 342.185, injured workers generally must file a claim for workers’ compensation within two years from the date of the accident or the last voluntary payment of wage benefits (TTD), whichever is later. This rule ensures that claims are pursued while evidence and medical documentation remain current. The statute also requires that employees provide written notice of the injury to their employer as soon as practicable after the accident.

Missing this deadline can result in losing the right to collect benefits such as medical coverage, disability payments, and wage replacement. Because this timeline is strictly enforced, acting quickly after a workplace injury is essential. Our workers’ compensation attorney team helps ensure that all notice and filing requirements are met on time and that every submission is properly documented with the Kentucky Department of Workers’ Claims.

Why Timing Matters

Kentucky’s deadlines are designed to ensure that claims are handled while evidence and witness memories remain reliable. Workers who delay often find that crucial records are missing or that their right to benefits has expired. Prompt reporting allows medical evaluations and legal filings to stay within the statutory limits.

An experienced workers’ comp attorney can help organize documentation, obtain medical records, and confirm whether your notice and filing are legally sufficient. Taking early steps after an accident strengthens your claim and minimizes the risk of losing eligibility.

Exceptions That Can Extend the Deadline

Although Kentucky law enforces a two-year filing limit, there are limited exceptions in which the filing period may be extended. These exceptions are narrowly applied and typically require legal or medical evidence that the worker could not reasonably file earlier.

• Last voluntary payment of TTD benefits – If the employer or insurer continues to pay wage benefits (TTD) after the accident, the two-year period begins when those payments stop rather than on the date of the injury.
• Delayed discovery of an injury – Kentucky allows discovery-based extensions only in exceptional circumstances, such as gradual or cumulative trauma injuries that were not reasonably diagnosable earlier. Even in those cases, the filing period begins once a physician informs the employee that the condition is work-related.

Because these rules are tightly interpreted by Kentucky courts, filing early is always the safer course. A workers’ compensation lawyer can review medical reports, benefit payment records, and communication with your employer to determine whether an exception may apply in your case.

The Discovery Rule and Medical Documentation

Gradual injuries such as hearing loss, repetitive motion disorders, or chemical exposure illnesses may not appear immediately. Under the discovery rule, a worker may file within one year of learning from a physician that the injury is work-related, but Kentucky courts interpret this exception narrowly and apply it only in limited circumstances. To support this, medical proof is typically required to show when symptoms began and how they relate to workplace activity.

Our workplace injury lawyers work directly with medical professionals to gather precise records and establish a clear injury timeline. This documentation often determines whether a claim satisfies Kentucky’s filing standards and can proceed without dispute.

Filing a Claim and What to Expect

When a workers’ compensation claim is filed with the Kentucky Department of Workers’ Claims, the agency reviews it to verify eligibility and compliance. The employer and insurer then respond, either accepting liability or disputing the details. Disagreements may arise regarding how the injury happened or whether it was filed on time.

Having legal representation during this stage ensures accuracy and prompt communication. A workers’ compensation attorney can prepare responses, coordinate witness testimony, and present medical evidence to support your position. If necessary, your attorney will represent you in hearings before an administrative law judge to protect your right to compensation.

Benefits Available to Injured Workers

Workers’ compensation provides crucial financial and medical protection after a workplace injury. These benefits are designed to cover treatment costs, replace lost income, and help injured employees regain stability while they recover. A workers’ compensation lawyer in Kentucky can help you understand which benefits apply to your specific situation and ensure your claim includes all eligible compensation.

The main categories of benefits include:

• Medical care coverage for necessary treatments such as surgery, therapy, and medications related to the work injury.
• Income replacement benefits for wages lost during recovery, along with potential long-term or permanent disability compensation depending on the severity of the injury.

Dependents of workers who lose their lives in workplace accidents may also be entitled to death benefits under Kentucky law. If you are uncertain whether your claim meets filing deadlines or need help understanding your eligibility, visit our contact page to schedule a consultation. Early legal review can make the difference between a denied claim and a successful recovery.

Avoiding Common Filing Mistakes

Many valid claims fail because of simple procedural errors. Common issues include missing the 30-day reporting requirement, providing incomplete forms, or misunderstanding when the one-year limit begins. Failing to seek medical care quickly or ignoring employer paperwork can also weaken your claim.

To avoid these pitfalls, workers should:

• Report the injury to their employer as soon as possible after it occurs or once they believe it is work-related.
• Obtain medical treatment immediately and retain copies of all records and bills.
• File the official claim promptly with the Department of Workers’ Claims, ensuring all sections are complete.

Our attorneys help verify compliance with each step so you can focus on recovery while we manage the legal details.

Legal Representation and Ongoing Support

A workers’ compensation lawyer can manage every aspect of your claim, from initial filings to hearings and appeals. Legal representation ensures your claim is fully documented and prevents insurers from undervaluing your case. We gather evidence, consult medical experts, and handle negotiations to secure your benefits.

At Todd & Todd, we take a hands-on approach to every case. Our attorneys communicate directly with clients, respond quickly to questions, and maintain transparency throughout the process. We strive to relieve stress for injured workers and make sure each claim is handled with precision and care.

Protecting Your Right to Compensation

Understanding and following Kentucky’s statute of limitations is essential to preserving your right to workers’ compensation benefits. Prompt reporting, thorough medical documentation, and early legal representation can prevent missed deadlines and claim denials.

At Todd & Todd, we have represented employees throughout Kentucky in filing timely, complete, and well-supported claims. Our attorneys are dedicated to ensuring that every injured worker receives fair treatment and the compensation they deserve under state law. Contact us today to learn how a workers’ compensation lawyer in Kentucky can help you protect your rights and secure your recovery.