{"data":{"id":"us-ky/krs-342.040","jurisdiction":"us-ky","citation":"KRS 342.040","heading":"Time of payment of income benefits and retraining incentive benefits --","body":"Attorney's fees for recovery of overdue temporary total disability income\nbenefits -- Interest on overdue benefits.\n(1) Except as provided in KRS 342.020, no income benefit s shall be payable for the\nfirst seven (7) days of disability unless disability continues for a period of more than\ntwo (2) weeks, in which case income benefits shall be allowed from the first day of\ndisability. All income benefits shall be payable on the regular payday of the\nemployer, commencing with the first regular payday after seven (7) days after the\ninjury or disability resulting from an occupational disease, with interest at the rate of\nsix percent (6%) per annum on each installment from the time i t is due until paid,\nexcept that if the administrative law judge determines that the delay was caused by\nthe employee, then no interest shall be due, or determines that a denial, delay, or\ntermination in the payment of income benefits was without reasonabl e foundation,\nthen the rate of interest shall be twelve percent (12%) per annum. In no event shall\nincome benefits be instituted later than the fifteenth day after the employer has\nknowledge of the disability or death. Income benefits shall be due and paya ble not\nless often than semimonthly. If the employer's insurance carrier or other party\nresponsible for the payment of workers' compensation benefits should terminate or\nfail to make payments when due, that party shall notify the commissioner of the\ntermination or failure to make payments and the commissioner shall, in writing,\nadvise the employee or known dependent of right to prosecute a claim under this\nchapter.\n(2) If overdue temporary total disability income benefits are recovered in a proceeding\nbrought under this chapter by an attorney for an employee, or paid by the employer\nafter receipt of notice of the attorney's representation, a reasonable attorney's fee for\nthese services may be awarded. The award of attorney's fees shall be paid by the\nemployer if the administrative law judge determines that the denial or delay was\nwithout reasonable foundation. No part of the fee for representing the employee in\nconnection with the recovery of overdue temporary total disability benefits withheld\nwithout reasonable foundation shall be charged against or deducted from benefits\notherwise due the employee.\n(3) All retraining incentive benefits awarded pursuant to KRS 342.732 shall be payable\non the regular payday of the employer, commencing with the second regular payday\nafter the award of the retraining incentive benefit by the administrative law judge\nbecomes final. Retraining incentive benefits shall be due and payable not less often\nthan semimonthly.\n(4) Upon written request of the employee, all payments of comp ensation shall be\nmailed to the employee at his or her last known address.","path":["KRS Chapter 342"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47615","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:30Z","sha256":"7af41a67b45ac310d853e5cd72c8248a07a432b24783b320579329a4e7b53f6d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-342.039","next":"us-ky/krs-342.045"},"notice":"GroundRules: Original legal text. Not legal advice."}