Legal Question in Workers Comp in Kentucky

Re: file a claim

There are really two questions here. First, can you file a claim? Absolutely. And you should file the claim regardless of whether this is a reinjury or new injury. To fail to file a claim could end up waiving your right to coverage.

The more important question is whether there will be coverage for the injury by your new workers' compensation carrier. This becomes a fact specific issue, but I can provide a general rule.

If a pre-existing condition (the old injury) was successfully treated and became "dormant", then the new employer's carrier should cover the injury. Whether a pre-existing condition became dormant is, again, a fact specific issue. The basic question is whether the old injury had been affecting your performance in any way at your new job.

Because this issue is so fact specific, be sure to consult an attorney if your claim is denied.