Kentucky Revised Statutes

Ky. Rev. Stat. § 304.39-130 (2026)

Basic weekly limit on benefits for certain losses

✓ current as of May 2026
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Basic reparation benefits payable for work loss, survivor's economic loss, replacement services loss, and survivor's replacement services loss arising from injury to one (1) person and attributable to the calendar week during which the accident causing injury occurs and to each calendar week thereafter may not exceed two hundred dollars ($200), prorated for any lesser period. If the injured person's earnings or work are seasonal or irregular, the weekly limit shall be equitably adjusted or apportioned on an annual basis. Effective: July 1, 1975 History: Created 1974 Ky. Acts ch. 385, sec. 13, effective July 1, 1975.

Notes of Decisions
Cited in 8 cases, 1975–2019 · leading case: Wemyss v. Coleman, 729 S.W.2d 174 (Ky. 1987).
Wemyss v. Coleman, 729 S.W.2d 174 (Ky. 1987). · cites it 2× “39-020(5) are limited to amounts already "incurred," and under KRS 304.39-130 the amount for work loss is further limited "not to exceed $200" per week.”
Fann v. McGuffey, 534 S.W.2d 770 (Ky. Ct. App. 1975). · cites it 2× “) [15] KRS 304.39-130, 304.39-020(2). Increased coverage can be purchased.”
Hughes & Coleman, Pllc v. Ann Clark Chambers of the Est. of James W. Chambers, 526 S.W.3d 70 (Ky. 2017). “On October 9, Underwood received a so-called Personal Injury Protection (PIP), or no-fault, 2 payment of $200 from his insurer, Progressive, to replace one week’s lost wages in the amount prescribed by KRS 304.39-130. On October 18, Progressive disbursed -another $990.”
Stevenson ex rel. Stevenson v. Anthem Cas. Ins. Grp., 15 S.W.3d 720 (Ky. 1999). “For the same reason, we conclude that the additional $20,000 in personal injury protection coverage described on the declarations page of the policy is, in fact, added reparation benefits as described in KRS 304.39-130. III. ADDED REPARATION BENEFITS.”
Blue Cross & Blue Shield of Kentucky, Inc. v. Baxter, 713 S.W.2d 478 (Ky. Ct. App. 1986). “…incurred medical expenses amounting to $48,110.50. As she remains disabled, her work loss greatly exceeds $10,000.00. KRS 304.39-130.”
Morrison v. Kentucky Cent. Ins. Co., 731 S.W.2d 822 (Ky. Ct. App. 1987). “KRS 304.39-130. This $200 limit is not a limit on loss or net loss, but is a limit on weekly work loss benefits to be paid by the reparation obligor.”
Chenault v. The Univ. of Kentucky (UK) (E.D. Ky. 2019). · cites it 2× “11 Ky. Rev. Stat. Ann. § 304.39-130 . Insurance proceeds for medical expenses may either reimburse the insured for money spent out of pocket or pay medical providers directly.”
Hughes & Coleman, Pllc v. Ann Clark Chambers of the Est. of James W. Chambers (Ky. 2017). “On October 9, Underwood received a so-called Personal Injury Protection (PIP), or no-fault,2 payment of $200 from his insurer, Progressive, to replace one week’s lost wages in the amount prescribed by KRS 304.39-130. On October 18, Progressive disbursed another $990.”
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