Workers' compensation insurance coverage and compliance issues are addressed within the Security and Compliance Division. The main focus of this division is to ensure that nonexempt employers maintain workers’ compensation coverage for their employees.
This division is comprised of two branches:
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Security Branch reviews individual self-insured employers’ claim files, monitors their financial strength and determines the security requirements necessary to secure benefits for the self-insured employers’ workforce.
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Compliance Branch consists of two sections:
- Enforcement Section: Investigates the status of insurance coverage through on-site visits to Kentucky employers. This ensures that workers within the Commonwealth are protected in the event of a workplace injury.
- Administrative Processing Section: Provides professional support to the branch in developing, implementing, and maintaining its programs and objectives.
Security Branch
Requirements for Becoming Self-Insured
First: The applicant or guarantor must have assets in excess of all liabilities of at least $10 million. If this initial requirement is met, the employer may obtain a
Self-Insurance Package. This package includes an application (Form SI-02).
Second: Two months prior to the planned date for self-insured status, the employer must submit the completed Form SI-02 along with certified, audited financial statements for the prior three years of operation. DWC will then review the application and statements and will inform the employer of initial approval or denial.
Third: If the application and statements are initially approved, the employer must submit loss data for the past five years. The employer will then be informed of the security requirement.
Fourth: The employer must submit the following information as applicable:
- Security: Prior to being certified as a self-insured employer and continuing thereafter, primary security adequate to secure the employer's workers' compensation liabilities shall be posted pursuant to the provisions found in KRS 342.340 and 803 KAR 25:021 Section 5. The initial security amount will be based upon the average of indemnity and medical losses during the three highest years of the preceding five years or a minimum of $500,000.
- Guarantee Agreement: A parent company must submit a Guarantee Agreement for all subsidiaries that it intends to include under its self-insured program, including the names and addresses of each subsidiary and location. A subsidiary that has separate financial statements may qualify on its own to be self-insured.
- Resolution of Board: A corporation must submit its board of directors' resolution, authorizing and directing the corporation to undertake to become self-insured.
- Coverage limit: Specific excess insurance must have a minimum coverage limit of $10 million per occurrence.
- T.P.A. Service Agreements: If a service organization is used, a statement from the service organization and self-insured employer stating that the contract between the two parties meets the requirements pertaining to claims adjustment.
The individual self-insurance certificates will remain in effect until revoked or modified by the Commissioner of the DWC. In the past, certificates were issued annually.
Reporting Requirements for Individual Self-Insurers
The files listed below will assist in meeting the reporting requirements for the 2024 simulated premium calculation and the 2024 security review.
The Chrome Browser is recommended to access these files.
Guaranty Funds
House Bill 1 (December 1996) established three nonprofit, unincorporated guaranty associations to protect disabled workers and dependents in the event of a self-insured individual's insolvency. Separate guaranty funds now exist for individual self-insureds, group self-insureds, and coal employer self-insureds. Membership in a guaranty fund is mandatory. These funds are listed below.
KENTUCKY COAL EMPLOYERS' SELF-INSURANCE GUARANTY FUND
P.O. Box 910623
Lexington, KY 40591-0623
KENTUCKY INDIVIDUAL SELF-INSURANCE GUARANTY FUND
c/o Dickinson Wright PLLC
300 West Vine Street, Suite 1700
Lexington, KY 40507-1621
Phone:
859-899-8700
Fax:
844-670-6009
Chairperson: Al Cates
KENTUCKY GROUP SELF-INSURANCE GUARANTY FUND
Groups are now regulated by the Department of Insurance please call 502-564-3630 for more information.
Contact Security
Email:
KYWC.SelfInsurance@ky.gov
Compliance Branch
The Compliance Branch plays an important role in the Department of Workers' Claims. The goal of the branch is to ensure that employers subject to the Workers' Compensation Act comply with statutory requirements. The branch also encourages timely compliance through educational initiatives. Compliance is confirmed by regular inspections of employers to verify compliance with the act. The branch consists of two sections: Enforcement and Administrative Processing.
Enforcement Section
This section consists of a section supervisor and a staff of 11 workers' compensation coverage and compliance investigators located in various field offices across the state. The section investigates Uninsured Employer Fund (UEF) claims, leads generated in-house, and complaints reported through various sources. When necessary, testimony and evidence are presented in official proceedings.
Online Resources
Administrative Processing Section
The Administrative Processing Section consists of a section supervisor and support staff. Responsibilities of the section include the processing of: Certifications of Coverage, Employee Leasing, Wrap Up, Split Coverage, Form 150, Affidavits, and Form 4s and Form 5s.
Contact Compliance
Email:
LaborKYWCCompliance@ky.gov Security and Compliance FAQ
Employers with one or more workers are required to maintain coverage. There are no exceptions for family member employees, temporary, or part time employees. Out-of-state employers performing any work in this state are required to have Kentucky coverage. (Ohio employers refer to next question.)
No. An Ohio employer performing work (even temporary) in Kentucky must have a separate insurance policy. Coverage must be afforded by an approved carrier providing benefits in accordance with the Kentucky Workers’ Compensation Act. Kentucky does not accept the Form C-110s filed by Ohio employees as these are not enforceable by Kentucky courts. Any worker injured in this state has the right to file a claim for benefits under terms of our law.
Non-compliant employers are subject to a fine of $100 to $1,000 per employee. Each employee and each day of violation shall constitute a separate offense. Additionally, an employer may be held liable to an injured employee (or employee of an uninsured contractor or subcontractor) for income benefits including lost wages and medical expenses.
Independent contractors generally are skilled individuals who work in a distinct occupation or business. Courts have determined certain criteria for classification as an independent contractor. The major factors are:
- The nature of the work performed as it relates to the possible employer. An independent contractor’s work is not a regular and recurring part of the possible employer’s business. It is usually for a specific project with a beginning and ending date. An independent contractor provides the same services for other customers.
- The extent of control of the details of the work. An independent contractor provides materials and equipment to perform the job and has potential for profit or risk of loss on the project. An independent contractor does not receive instructions or training from the employer, has the right to hire or fire helpers without permission from other, and has final control of the job.
- Professional skill of the worker. Independent contractors have a specialized skill, trade, or license. They usually maintain a separate place of business, advertise, and have a business telephone.
- Intentions of the parties. A written contract should describe the obligations and responsibilities of each party, a specific project described, dates of project and prices agreed upon in advance. The method of payment is not a primary factor.
This term is often misunderstood by business owners. Refer to the previous question for factors used in determining a worker's classification. Call the Compliance Branch with any questions concerning worker classification.
Partnerships or LLCs that consists of 'qualified' partners or members only are exempt from maintaining coverage under certain circumstances. 'Qualified partner or member' is defined by KRS 342.012 as having a meaningful partnership agreement or articles of organization that shows on its face that the partner or member has made some contribution that enables the partner or member to substantially participate in the profits (or loss) of the business as well as participate in the decision making process. The partnership or LLC shall provide upon the request of the commissioner or his or her representative a copy of the partnership agreement or articles of organization for purpose of demonstrating compliance. Coverage is required for any non-qualified partner or LLC member.
Yes. KRS 342.640(2) designates officers of corporations as employees. Corporate officers may exempt themselves from coverage by filing an Employee's Written Notice of Rejection (Form 4). Obtain the form from the Compliance Branch at 502-564-5550 or email LaborKYWCCompliance@ky.gov. The notice is not effective unless the original notarized form is filed with this agency. Filing a Form 4 forfeits your right to workers' compensation benefits. Seeking legal advice from an attorney prior to rejecting coverage is recommended.
Make a written request on a
Previously Filed Form 4 or Form 5 Request form. Form also found in "Forms, Documents, Reports and Publication" link. Provide the employee's name (social security number if available), and business name and address. Include the approximate filing date if known. The request should include a self-addressed stamped envelope and 75 cents per copy (check or money order payable to Commonwealth of Kentucky Office of State Treasurer). Mail request and payment to:
Department of Workers' Claims
Attention: Compliance Branch
500 Mero Street, 3rd Floor
Frankfort, KY 40601
To Order Blank Rejection Notice (Form 4) or Written Notice of Withdrawal (Form 5), please submit a request to:
LaborKYWCCompliance@ky.gov
Please include the following information when requesting forms:
- Business Name
- Contact Person
- Mailing Address
- Phone Number
- Form Type (Form 4 or Form 5)
- Quantity Requested
Only Original Form 4s and 5s are accepted for processing, no photocopies.
Kentucky statute requires every employer to display a Workers' Compensation Posting Notice conspicuously at its principal office and other locations, where employees report for payroll and personnel matters. [KRS 342.610(6)] Contact your insurance agent or workers' compensation carrier for a current notice if you did not receive one with your latest policy.
Every local building permit official shall require proof of workers' compensation insurance prior to issuing any building permit. An applicant with no employees must certify exemption to the building permit official. Two forms for this purpose:
Affidavit of Exemption-Corporation and
Affidavit of Exemption-Individual form. Form also found in "Forms, Documents, Reports and Publications" link.
(Do not confuse Affidavits with Form 4)
Kentucky Revised Statute 342.420 specifically prohibits the employer from deducting premium from wages or salary of any employee entitled to benefits.
By purchasing a policy from an insurance agent that represents approved insurance companies.
An 'Insurance Coverage Lookup' link is available on this website. You will need the employer name, FEIN (Federal Employer Identification Number) or policy number to search.