Workplace Injuries Other laws may cover

Most workplace injuries in Kentucky are covered by Kentucky's workers' compensation system—but not all of them.

Certain workers are excluded from Kentucky's Workers' Compensation Act because another state or federal law applies to their employment. Other workers may fall within specific exemptions under Kentucky law.

If you've been told that you're "not covered by workers' compensation," don't automatically assume that means you don't have a case.

Sometimes it simply means a different law applies.

Many railroad employees are covered by the Federal Employers' Liability Act (FELA) rather than traditional state workers' compensation laws.

FELA is a federal law that allows qualifying railroad employees who are injured on the job to pursue compensation under a different legal system. The rights and requirements involved in these claims are different from ordinary Kentucky workers' compensation.

If you work for a railroad and were injured on the job, the fact that Kentucky workers' compensation may not apply does not mean you are without a potential remedy.

People who work on or around boats, barges, docks, shipyards, terminals, and other maritime operations may also be covered under federal law rather than Kentucky workers' compensation.

Depending upon the nature of your work, your relationship to a vessel, and where the injury occurred, you may have rights under the Jones Act or the Longshore and Harbor Workers' Compensation Act (LHWCA).

‍Determining which law applies can become complicated, but you don't need to figure that out on your own. If you were injured while performing maritime work, we can review the circumstances and help determine what type of claim you may have.

If you were injured while working overseas for a private company performing work under certain contracts with the United States government, your claim may be covered by the Defense Base Act (DBA).

‍These claims can involve civilian workers performing construction, security, logistics, maintenance, transportation, and other work overseas.

The Defense Base Act is another example of why the location of an injury—or the fact that ordinary Kentucky workers' compensation doesn't apply—does not necessarily mean an injured worker is without benefits.

Employees of the federal government are generally covered by a separate federal workers' compensation system rather than Kentucky's Workers' Compensation Act.

Howes & Barnett does not currently handle traditional federal employee workers' compensation claims. However, if you're unsure whether you're a federal employee, a government contractor, or covered under another system such as the Defense Base Act, we're happy to discuss the circumstances and help you identify what type of claim you may have.

Kentucky law also contains exemptions that may apply to certain agricultural workers, domestic employees, and other specifically defined categories of employment.

But an exemption from Kentucky workers' compensation should not automatically be interpreted to mean that you have no legal rights.

Depending upon the circumstances, another compensation system may apply, or the absence of workers' compensation coverage may affect whether other legal remedies are available.

The important thing is to determine why Kentucky workers' compensation doesn't apply before assuming you don't have a claim.

Even workers who are fully covered by Kentucky workers' compensation can sometimes have additional legal claims.

For example, if you're injured at work because of the negligence of a driver, property owner, equipment manufacturer, subcontractor, or another person or company that is not your employer, you may potentially have a third-party personal injury claim in addition to your workers' compensation claim.

These situations deserve careful review because workers' compensation isn't always the only source of recovery following a workplace injury.

The laws governing workplace injuries extend well beyond Kentucky's traditional workers' compensation system.

If you've been told that you aren't covered by workers' compensation, don't let that statement end the conversation. The better question is:

If workers' compensation doesn't apply, what does?

‍At Howes & Barnett, we handle Kentucky workers' compensation claims as well as workplace injury claims involving the Jones Act, Longshore and Harbor Workers' Compensation Act, and Defense Base Act. We also evaluate workplace accidents involving potential third-party personal injury claims.

If you've been injured while working and aren't sure what law applies to your situation, contact Howes & Barnett for a free consultation. We'll review what happened, help identify the potential claims available to you, and explain your options moving forward.

Jurisdictional issues are among the most complicated questions in workers' compensation law.

Many injured workers incorrectly assume they must file their claim in the state where the accident happened. Others assume their employer's headquarters controls the answer.

Neither assumption is always correct.

If you've been injured while working outside Kentucky—or if you regularly work in more than one state—we'd be happy to review your employment relationship and help determine whether Kentucky's workers' compensation laws may apply to your claim.