HR professionals or owners are faced with my conflicting HR questions or situations everyday and how to solve the issues can vary depending on who you ask. Many business owners or HR professionals often ponder the same question, “Is there an agency or source where I can go to get guidance or assistance on these HR issues?”. Well now there is a solution! www.HumanResourceBlog.com is now available for any HR professional to come and share their thoughts, questions, or issues and to openly discuss the situation or issue at hand. Where else would you be able to go to find a community or center that has professionals sharing your same common problems and also having suggestions for you to possibly consider. Like they say, two brains is better than one. In this particular case, it’s two professionals better than one!
www.HumanResourceBlog.com has a goal to build a community strictly for HR professionals all across the states to be able to post and receive answers from actual professionals in the same situation or have the knowledge to possibly guide you to answer. State laws vary from state to state. If your organization operates in multi-states, this is the place for you. www.HumanResourceBlog.com does not limit the answer to any particular state or topic. It does not have boundaries and/or limitations in the state the question is deriving from. If you are seeking an answer to your HR question, www.HumanResourceblog.com will be the solution!
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Federal labor law reaches you, Kentucky employers, and requires that you have to report some information about all of your newly hired employees, as well as those employees that you would consider re-hired or who have come back to work for you after taking a leave of absence.
As we know from reading my blog … wait, you haven’t been reading my blog? Well, shame on you. But I will complete my last sentence for you. As we should all know from reading my all important blog, the purpose of this new hire reporting is so that the commonwealth of Kentucky can locate parents living and working in the state who owe child support, as well as those workers in the commonwealth of Kentucky who are receiving public assistance and or unemployment insurance and are failing to report it.
To comply with the new hire reporting labor laws, Kentucky employers must report new hires within 20 days after the employee is hired, or 20 days after the employee returns to work after having missed at least 30 days of employment. You don’t have to wait until those 20 days are up. You can report new hires anytime in that window of time.
Of course, as we have seen from reading my blog—or should have seen!—employers who file these new hire reports electronically have a different time frame to work with. They must report new hires within 12 to 16 days after the new hire starts or an employee returns to work after missing more than 30 days on the job. You can’t report them electronically before those 12 days, nor after the 16 days.
And in the commonwealth of Kentucky, the law doesn’t force you to report either by paper or electronically, but state officials do recommend and request that employers file electronically.
My research shows that employees are covered by the Kentucky Workers Compensation Act from wage loss due to workplace injuries and occupational diseases. Most Kentucky employers are subject to the Act and are required to carry workers’ compensation insurance or become self-insured, even if they have only one part-time employee. Employers must post a notice informing employees of their rights in the workplace.
There are some exceptions, including farm workers and workers employed as domestic servants in a home with less than two full-time
employees. Additionally, employees who are protected by federal laws (such as railroad and maritime workers) and members of certain religious sects are exempt from coverage. Business owners are not required to obtain coverage for themselves, but are not covered unless they specifically purchase workers’ compensation coverage for themselves.
I know that if they are injured, employees must notify an employer immediately, preferably in writing. Failure to notify could result in denial of benefits. An employee must obtain medical care, which should be paid for by the employer. The employee may select the physician or medical facility to render care. If the employer is enrolled in an approved Managed Care Plan employee selection of physicians is limited to the Approved Provider Network, except in certain emergencies. For injuries requiring continuing care, the employee must designate a treating physician. A form to do so will be furnished by the employer or its insurance carrier.
Although benefits are granted even if an employee’s mistake or carelessness caused the accident, disability payments may be reduced by 15% in cases where the worker’s intentional violation of a safety law or regulation caused the injury. Likewise, if the employer’s intentional violation of a safety law or regulation caused an injury, a safety penalty may be imposed against the employer. The income benefits of an injured worker to be increased by 30% if the injury was caused by a violation of a safety law or regulation by the employer.
I have read that workers’ compensation law recognizes three types of disability — temporary total, permanent partial and permanent total — and establishes disability income benefit payments for each type. Disability benefit payments depend upon the employee’s average weekly wage and on the extent of disability.
A claim must be filed with the Department of Workers Claims within two years of the date of injury, or last payment of temporary total disability benefits.