Visitor Question

Light duty release and employer won’t schedule me?

Submitted By: Vicki (Louisville, Kentucky)

I was injured on my job on 7/7/2017. I had slipped on a patient’s sheet when they adjusted in bed. The insurance fought surgery until 11/15/2017. I had follow up on 11/18 with PT order. The workers comp carrier filed bankruptcy. My payments stopped 3 weeks prior and I just found out why yesterday.

I have no money, and my PT was not approved. My doctor has given me a return to work statement for light duty. They have a position for me, but my HR will not respond so I can’t be scheduled. Is there anything I can do?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Vicki,

The State of Kentucky has a Special Fund, referred to as the “Guaranty Fund.” The fund has been set aside to administer Kentucky Workers Compensation claims in the event a workers comp insurance company becomes insolvent. This fund will likely be available to you and may provide the coverage you require for your on-the-job injury.

The Guaranty Fund was created pursuant to Kentucky Revised Statutes Section 342.906 (4). Section 342.906 (4) reads in part:

“The guaranty funds created pursuant to this section are created for the purposes of meeting the obligations of insolvent individually self-insured employers or members of a self-insured group or association incurred while members of a guaranty fund and after exhaustion of all security, including bonds, escrow deposits, insurance, or reinsurance, required by this chapter…”

For more information about the Kentucky Workers Compensation Guaranty Fund and its applicability go to:
Kentucky Department of Workers Claims

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The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck with your claim,

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