If you are injured in Kentucky while working, then you have a right to make a claim for workers compensation benefits. Generally, the benefits are:
You must file a claim with the insurance carrier of your employer as soon as you have your accident. You will receive a claim number and medical card. It is important that you have an attorney begin your case. You should not give any written or oral statements to the insurance company.
1. I cannot make a claim because I am paid in cash. You may still be an employee if paid in cash. Getting paid in cash alone does not make you an independent contractor.
2. My employer does not have insurance so I cannot obtain workers compensation benefits. If you are hurt in Kentucky or while working temporarily for a Kentucky employer out of state who does not have workers compensation insurance, you may be entitled to make a claim for benefits on the Kentucky Uninsured Employers Fund (UEF).
3. I cannot make a claim because I am undocumented. Your immigration status has no bearing on your ability to make a workers compensation claim under Kentucky law.
You many be entitled to recover in each case. But the insurance companies may claim they are entitled to subrogation, and in some cases may be entitled to subrogation benefits. These are complex situations and you need an attorney experienced in these matters to assist you.