Kentucky has a no-fault workers’ compensation system, but when an employee is injured due to an employer’s safety violations, additional workers’ compensation benefits become available in the form of a “safety penalty”. When an accident is caused by the intentional failure of the employer to comply with a specific statute or administrative regulation, the employee’s workers’ compensation benefits can be increased thirty percent under KRS 342.165.

Proving “an intentional failure” by the employer can be a challenging task. At the Clark Law Office, we have a history of success with these claims. We have prevailed by finding evidence from accident reports, OSHA and MSHA reports, and citations from government agencies.

Employers sometimes seek to apply a safety penalty against the employee and to reduce the employee’s benefits by fifteen percent under KRS 342.165. When that occurs, our attorneys can help defend you and oppose the reduction in benefits.

Put our decades of experience with workers’ compensation safety violations to work on your behalf. Please call the Clark Law Office at (859) 219-1280 to schedule a consultation if you have a workers’ compensation injury.