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KY · Workers' compensation

Kentucky Workers' Compensation Insurance

Who must carry coverage in Kentucky, how owners and officers are treated, what happens if you go without it, and how to compare carriers.

Kentucky requires employers with one or more employees to obtain and maintain workers' compensation coverage, unless specifically authorized by the Commissioner to self-insure. Family members, temporary workers, and part-time workers all count as employees for this purpose, so there is effectively no small-employer exemption. See the Education and Labor Cabinet's employer FAQ.

Who must carry coverage in Kentucky

Kentucky requires employers with one or more employees to obtain and maintain workers' compensation coverage, unless specifically authorized by the Commissioner to self-insure. Family members, temporary workers, and part-time workers all count as employees for this purpose, so there is effectively no small-employer exemption. See the Education and Labor Cabinet's employer FAQ.

Owners, officers, LLC members

Corporate officers are automatically included in coverage by default and can only be excluded by affirmatively filing Form 4 with the Kentucky Department of Workers' Claims. For officers who remain covered, Kentucky applies NCCI-based minimum and maximum payroll figures used to calculate their premium basis (for 2026, included officer payroll is assigned between a $57,200 minimum and a $234,000 maximum). Sole proprietors, partners, and LLC members are treated differently from corporate officers and generally are not automatically counted or covered, but can typically elect to be included in the business's policy if they want coverage; confirming the current election paperwork with a carrier is recommended given how entity-specific these rules are.

Independent contractors and subcontractors

Kentucky expects a hiring business to be able to show that a 1099 worker is a genuine independent contractor, and an uninsured subcontractor's injured worker can become the hiring business's responsibility. Requesting a current certificate of insurance from subcontractors before work begins is standard practice in the state.

Penalties for going without coverage

An employer operating without required coverage faces fines of $100 to $1,000 for each employee, for each day the business goes without coverage. If Kentucky's Uninsured Employers' Fund pays benefits to an injured worker at a noncompliant employer, that employer must reimburse the Fund and can face legal action for collection. An uninsured employer also loses the workers' compensation law's exclusive-remedy protection, opening it up to a direct employee lawsuit that can include pain-and-suffering and punitive damages. Separately, deducting insurance premiums from an employee's wages brings its own fine of $100 to $1,000 per violation.

What injured workers receive

Injured workers receive necessary medical treatment with no dollar cap. Temporary total disability is paid at two-thirds of the worker's average weekly wage at the time of injury, subject to a maximum compensation rate the Department of Workers' Claims updates annually based on the state average weekly wage. Permanent disability and death benefits are calculated separately under Kentucky's benefit schedule.

How workers' comp is bought in Kentucky

Kentucky is a competitive market state rated by NCCI, so our agency can compare coverage across the many private carriers writing business here. Kentucky Employers' Mutual Insurance (KEMI) is Kentucky's own competitive state fund, open to any employer and historically a resource for harder-to-place risks, alongside the broader NCCI assigned risk mechanism. Because Kentucky counts family and part-time workers as employees with no small-business exemption, even a family-run shop with a couple of part-time helpers needs coverage in place.

Rating bureau

National Council on Compensation Insurance

Visit NCCI

Uses NCCI class codes.

State fund

Kentucky Employers' Mutual Insurance

Visit the state fund

Regulator

Kentucky Department of Workers' Claims

502-564-5550

Visit the regulator

Popular class codes

Class codes describe the work your employees perform and drive how payroll is rated. Browse the groups below or search the full lookup.

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Kentucky workers' comp questions

Do I need workers' comp for one part-time employee in Kentucky?

Yes. Kentucky counts family members, temporary workers, and part-time workers as employees, so coverage is generally required as soon as a business has any employee at all.

Can a Kentucky corporate officer opt out of coverage?

Yes, but only by filing Form 4 with the Department of Workers' Claims; officers are covered by default until that exclusion is on file.

What is KEMI?

Kentucky Employers' Mutual Insurance is Kentucky's own competitive state fund; any employer can buy a policy from it alongside the many private carriers active in the state.

What happens if a Kentucky employer doesn't carry required coverage?

The employer can be fined $100 to $1,000 per employee per day without coverage, must reimburse the Uninsured Employers' Fund for any benefits it pays out, and loses the legal protections that normally limit an injured worker's lawsuit.

How much does an injured worker get paid in Kentucky?

Generally two-thirds of average weekly wage at the time of injury, subject to a maximum the Department of Workers' Claims updates each year.

Are Kentucky LLC members automatically covered?

Not automatically the same way corporate officers are; LLC members, partners, and sole proprietors generally need to elect coverage if they want to be included on the business's policy.

Last reviewed · Reviewed by Provident Financial Group licensed agents

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One application goes out to every carrier we can access for your class of business. You get a ranked comparison you can review and purchase online — with a licensed agent available whenever you want one.

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