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Kentucky Workers Compensation Program

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Running head: KENTUCKY WORKERS COMPENSATION PROGRAM 1
Kentucky Workers Compensation Program
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KENTUCKY WORKERS COMPENSATION PROGRAM 2
Occupation Safety and Health Administration (OSHA) provides stringent laws and
regulations which are to be used within the workplace to ensure safe working conditions and
compensation terms. However, according to Rosenman et al. (2006) OSHA and other systems
and reports have failed to deliver an accurate report on health and safety in the American
workplace. This creates the need for closer monitoring of the situation by the local authorities.
Kentucky has managed to take charge of its OSHA concerns through initiatives such as the
Commonwealth’s workers compensation program.
Created in 1994, the Workers' Compensation Ombudsman program was designed to
enhance understanding of the Compensation System the state had at the time. The core functions
of the program included serving as a source of information and advice, arbitrate disputes, and
respond to inquiries. However, to cater for the injured workers at low cost, the Workers'
Compensation Specialist program was created in 1996. Specialists have also helped workers in
accessing medical reports that could aid compensation. They are also interested in looking at the
possibility of rehabilitating injured workers. Over the years, the specialists and ombudsmen have
proved vital to the Kentucky labour dispute resolution and workman compensation. Their
location at three strategic points within Kentucky has made it convenient for workers to have
their disputes and concerns looked into in a timely fashion.
The Department of Workers' Claims is Kentucky’s chief agent in ensuring that Workers'
compensation claims are adequately attended. The body in charge of managing the compensation
program of Kentucky performs a myriad of tasks to ensure the rights of the workforce are
respected and upheld. Dissemination of information to ensure that all the labour stakeholders are
conscious of their rights and obligations as stipulated in the Workers' Compensation Act is
among the important tasks that the Department of Workers' Claims do. The workers and

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KENTUCKY WORKERS COMPENSATION PROGRAM 3
employees are educated by the Department of Workers' Claims on what they are required to do
under the labour laws.
The Kentucky Workers' Compensation Act is another important aspect of the state’s
compensation program. In this program, the state’s stance on an ‘exclusive remedy’ approach for
injured workers is emphasized. This implies that an injured worker gets to surrender the intention
of further legal action on the employer as part of a deal that sees them receive compensation. The
fact that cases are not taken to civil courts works in the interest of both parties. This is because
they save time and resources that would otherwise be used in the lawsuit. The act also includes
medical care payment, partial wage replacement, and restoration of employment as forms of
extending compensation benefits.
While the Kentucky Workers' Compensation Act has set out clear rules on compensation,
there are still disputes in settling these claims. The Department of Workers' Claims comes in to
litigate when the negotiating parties are unable to reach a settlement. The Benefit Review
Conference provides both parties a chance to present their case with the aim of reaching a
solution. In the occasion that a settlement cannot be reached in front of the Benefit Review
Conference, the Administrative Law Judge (ALJ) gives their verdict within 30 days. Anyone who
feels aggrieved by the ALJ’s decision can appeal in the Workers' Compensation Board (WCB).
There are few cases that go beyond WCB. However, in the event that such compromise cannot
be struck, the case moves forward to the Kentucky Court of Appeals. It might eventually reach
the Supreme Court of Kentucky.

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Anonymous
Awesome! Perfect study aid.

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