Enforcement Section
The Enforcement Section’s primary function is to ensure compliance with the statutory obligation that employers maintain Workers’ Compensation Insurance. This function is achieved through the investigation efforts of the Section’s 11 investigators and section supervisor. The investigators research leads generated by branch staff and conduct random on-site inspections of employers. The investigators also respond to referrals submitted from the public by telephone and through the Department of Workers’ Claims’ website. Referrals from the Uninsured Employers’ Fund (UEF) in the Office of the Attorney General are investigated when the UEF is a party in a workers’ compensation claim. The Section also encourages timely compliance through educational initiatives.
The investigators cover each of Kentucky’s 120 counties from field offices located throughout the state. The investigators record each contact with an employer on a tablet computer and electronically transmit the reports to the Frankfort office. Employers without workers’ compensation insurance are subject to a citation and civil penalty issued by the Department’s Commissioner. Investigations, citations, and penalties are logged and processed through the Section’s legal tracking database by branch staff. By statute, all of the collected penalties are forwarded to the Kentucky Workers’ Compensation Funding Commission (KWCFC). The collected penalties are held to pay workers’ compensation benefits to employees of self-insured employers injured before March 1, 1997, and whose employer defaulted on its obligations and the employer’s required security has been exhausted.
Citations
When an employer is not in compliance with the Workers’ Compensation Act, the Commissioner will issue a Citation and Civil Penalty for the time period the employer was not in compliance. Citations are sent through the United States Postal Service. In addition to the Citation itself, there are instructions included in the Citation packet.
- First and foremost, we encourage employers to contact their commercial insurance agent and obtain a Workers’ Compensation policy for their employees; this will bring the employer into compliance.
- Using the ‘Notice of Contest’ Form (included with the Citation packet) an employer may request reconsideration of the amount of the Citation Penalty based on their specific circumstances.
- Using the ‘Notice of Contest’ Form, an alleged employer may request a Hearing before an Administrative Law Judge to challenge the Citation and to present evidence demonstrating the employer was in compliance with the Act or not an employer.
To make the payment of Citation Penalty more convenient, the Department has established an online payment option by which employers may pay their penalty. To use the online payment option, please access this link:
https://secure.kentucky.gov/FormServices/ELC/Citation.