{"data":{"id":"us-ky/krs-342.730","jurisdiction":"us-ky","citation":"KRS 342.730","heading":"Determination of income benefits for disability -- Survivors' rights --","body":"Termination -- Offsets -- Notification of return to work -- Professional athletes.\n(1) Except as provided in KRS 342.732, income benefits for disability shall be paid to\nthe employee as follows:\n(a) For temporary or permanent total disability, sixty -six and two -thirds percent\n(66-2/3%) of the employee's average weekly wage but not more than one\nhundred ten percent (110%) of the state average weekly wage and not less\nthan twenty percent (20%) of the state average weekly wage as determined in\nKRS 342.740 during that disability. Nonwork -related impairment and\nconditions compensable under KRS 342.732 and hearing loss covered in KRS\n342.7305 shall not be considered in determining whether the employee is\ntotally disabled for purposes of this subsection.\n(b) For permanent partial disability, sixty-six and two-thirds percent (66-2/3%) of\nthe employee's average weekly wage but not more than eighty -two and one -\nhalf percent (82.5%) of th e state average weekly wage as determined by KRS\n342.740, multiplied by the permanent impairment rating caused by the injury\nor occupational disease as determined by the \"Guides to the Evaluation of\nPermanent Impairment,\" times the factor set forth in the table that follows:\nAMA Impairment   Factor\n0 to 5%     0.65\n6 to 10%     0.85\n11 to 15%     1.00\n16 to 20%     1.00\n21 to 25%     1.15\n26 to 30%     1.35\n31 to 35%     1.50\n36% and above    1.70\nAny temporary total disability p eriod within the maximum period for\npermanent, partial disability benefits shall extend the maximum period but\nshall not make payable a weekly benefit exceeding that determined in\nsubsection (1)(a) of this section. Notwithstanding any section of this chapt er\nto the contrary, there shall be no minimum weekly income benefit for\npermanent partial disability and medical benefits shall be paid for the duration\nof the disability.\n(c) 1. If, due to an injury, an employee does not retain the physical capacity to\nreturn to the type of work that the employee performed at the time of\ninjury, the benefit for permanent partial disability shall be multiplied by\nthree (3) times the amount otherwise determined under paragraph (b) of\nthis subsection, but this provision shall  not be construed so as to extend\nthe duration of payments; or\n2. If an employee returns to work at a weekly wage equal to or greater than\nthe average weekly wage at the time of injury, the weekly benefit for\npermanent partial disability shall be determined under paragraph (b) of\nthis subsection for each week during whic h that employment is\nsustained. During any period of cessation of that employment, temporary\nor permanent, for any reason, with or without cause, payment of weekly\nbenefits for permanent partial disability during the period of cessation\nshall be two (2) times the amount otherwise payable under paragraph (b)\nof this subsection. This provision shall not be construed so as to extend\nthe duration of payments.\n3. Recognizing that limited education and advancing age impact an\nemployee's post -injury earning capaci ty, an education and age factor,\nwhen applicable, shall be added to the income benefit multiplier set\nforth in paragraph (c)1. of this subsection. If at the time of injury, the\nemployee had less than eight (8) years of formal education, the\nmultiplier shal l be increased by four -tenths (0.4); if the employee had\nless than twelve (12) years of education or a high school Equivalency\ndiploma, the multiplier shall be increased by two -tenths (0.2); if the\nemployee was age sixty (60) or older, the multiplier shall  be increased\nby six-tenths (0.6); if the employee was age fifty -five (55) or older, the\nmultiplier shall be increased by four-tenths (0.4); or if the employee was\nage fifty (50) or older, the multiplier shall be increased by two -tenths\n(0.2).\n4. Notwithstanding the provisions of KRS 342.125, a claim may be\nreopened at any time during the period of permanent partial disability in\norder to conform the award payments with the requirements of\nsubparagraph 2. of this paragraph.\n(d) For permanent partial disabil ity, if an employee has a permanent disability\nrating of fifty percent (50%) or less as a result of a work -related injury, the\ncompensable permanent partial disability period shall be four hundred twenty-\nfive (425) weeks, and if the permanent disability ra ting is greater than fifty\npercent (50%), the compensable permanent partial disability period shall be\nfive hundred twenty (520) weeks from the date the impairment or disability\nexceeding fifty percent (50%) arises. Benefits payable for permanent partial\ndisability shall not exceed ninety -nine percent (99%) of sixty -six and two -\nthirds percent (66 -2/3%) of the employee's average weekly wage as\ndetermined under KRS 342.740 and shall not exceed eighty -two and one-half\npercent (82.5%) of the state average weekl y wage, except for benefits payable\npursuant to paragraph (c)1. of this subsection, which shall not exceed one\nhundred ten percent (110%) of the state average weekly wage, nor shall\nbenefits for permanent partial disability be payable for a period exceeding five\nhundred twenty (520) weeks, notwithstanding that multiplication of\nimpairment times the factor set forth in paragraph (b) of this subsection would\nyield a greater percentage of disability.\n(e) For permanent partial disability, impairment for nonwork -related disabilities,\nconditions previously compensated under this chapter, conditions covered by\nKRS 342.732, and hearing loss covered in KRS 342.7305 shall not be\nconsidered in determining the extent of disability or duration of benefits under\nthis chapter.\n(2) The period of any income benefits payable under this section on account of any\ninjury shall be reduced by the period of income benefits paid or payable under this\nchapter on account of a prior injury if income benefits in both cases are for\ndisability of the same member or function, or different parts of the same member or\nfunction, and the income benefits payable on account of the subsequent disability in\nwhole or in part would duplicate the income benefits payable on account of the pre -\nexisting disability.\n(3) Subject to the limitations contained in subsection (4) of this section, when an\nemployee, who has sustained disability compensable under this chapter, and who\nhas filed, or could have timely filed, a valid claim in his or her lifetime, dies from\ncauses other than the injury before the expiration of the compensable period\nspecified, portions of the income benefits specified and unpaid at the individual's\ndeath, whether or not accrued or due at his or her death, shall be paid, under an\naward made before or after the death, for the period specified in this section, to and\nfor the benefit of the persons within the classes at the time of death and in the\nproportions and upon the conditions specified in this section and in the order\nnamed:\n(a) To the widow or widower, if there is no child under the age of eighteen (18) or\nincapable of self -support, benefits at fifty percent (50%) of the rate specified\nin the award; or\n(b) If there are both a widow or widower and such a child or children, to the\nwidow or widower, forty -five percent (45%) of the benefits specified in the\naward, or forty percent (40%) of those benefits if such a child or children are\nnot living with the widow or widower; and, in addition thereto, fifteen percent\n(15%) of the benefits spe cified in the award to each child. Where there are\nmore than two (2) such children, the indemnity benefits payable on account of\ntwo (2) children shall be divided among all the children, share and share alike;\nor\n(c) If there is no widow or widower but suc h a child or children, then to the child\nor children, fifty percent (50%) of the benefits specified in the award to one\n(1) child, and fifteen percent (15%) of those benefits to a second child, to be\nshared equally. If there are more than two (2) such chil dren, the indemnity\nbenefits payable on account of two (2) children shall be divided equally\namong all the children; or\n(d) If there is no survivor in the above classes, then the parent or parents wholly\nor partly actually dependent for support upon the de cedent, or to other wholly\nor partly actually dependent relatives listed in paragraph (g) of subsection (1)\nof KRS 342.750, or to both, in proportions that the commissioner provides by\nadministrative regulation.\n(e) To the widow or widower upon remarriage,  up to two (2) years, benefits as\nspecified in the award and proportioned under paragraphs (a) or (b) of this\nsubsection, if the proportioned benefits remain unpaid, to be paid in a lump\nsum.\n(4) All income benefits payable pursuant to this chapter shall t erminate as of the date\nupon which the employee reaches the age of seventy (70), or four (4) years after the\nemployee's injury or last exposure, whichever last occurs. In like manner all income\nbenefits payable pursuant to this chapter to spouses and depen dents shall terminate\nas of the date upon which the employee would have reached age seventy (70) or\nfour (4) years after the employee's date of injury or date of last exposure, whichever\nlast occurs.\n(5) All income benefits pursuant to this chapter otherwi se payable for temporary total\nand permanent total disability shall be offset by unemployment insurance benefits\npaid for unemployment during the period of temporary total or permanent total\ndisability.\n(6) All income benefits otherwise payable pursuant to  this chapter shall be offset by\npayments made under an exclusively employer -funded disability plan, exclusively\nemployer-funded disability retirement plan, exclusively employer -funded sickness\nand accident plan, or salary continuation, which extends incom e benefits for the\nsame disability covered by this chapter, except where the employer -funded plan\ncontains an internal offset provision for workers' compensation benefits which is\ninconsistent with this provision.\n(7) Income benefits otherwise payable purs uant to this chapter for temporary total\ndisability during the period the employee has returned to a light -duty or other\nalternative job position shall be offset by an amount equal to the employee's gross\nincome minus applicable taxes during the period of light-duty work or work in an\nalternative job position.\n(8) If an employee receiving a permanent total disability award returns to work, that\nemployee shall notify the employer, payment obligor, insurance carrier, or special\nfund as applicable.\n(9) Income benefits otherwise payable pursuant to this chapter for temporary total\ndisability to a professional athlete under the direction and control of an employer\nthat is a professional team located in Kentucky, absent any collective bargaining\nagreement, shall terminate no later than the date on which the contract for hire upon\nwhich the employment is based expires, so long as the professional athlete has been\nreleased to return to employment for which he or she has prior training or\nexperience.","path":["KRS Chapter 342"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47625","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:32Z","sha256":"d364d7d6e27894dc52218654188331494f1d2525b3a8fc1e35a13d400cafd683","source_id":"us-ky","stale":false,"prev":"us-ky/krs-342.720","next":"us-ky/krs-342.7305"},"notice":"GroundRules: Original legal text. Not legal advice."}