Kentucky Workers' Compensation laws & safety compliance analysis

Kentucky Workers' Compensation: What you need to know

Who is Covered?

Virtually all employees must be covered by workers' compensation insurance (KY Rev. Stat. Ch. 342). The only exceptions are for the following types of workers:

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• Casual workers employed outside the usual course of the employer's business and working fewer than 20 consecutive days per year

• Farmworkers

• Domestic servants, provided the employer has fewer than two employees working 40 hours per week

• Participants in carpools while on their way to and from work

• People who work for charitable and religious organizations in exchange for support

• People covered by federal workers' compensation law

• Certain “direct sellers” of consumer products

• Certain individuals providing home- and community-based services through a statutory waiver program

Leased employees, temporary employees. Leasing companies and temporary help services are considered the employers of their leased and temporary employees, and must provide coverage for their employees.

What Is Covered?

"No-fault" system. Workers' compensation is a no-fault system. Unlike traditional legal mechanisms for compensating accident victims--which limit recovery to cases in which the victim's injuries result from some other person's negligence--workers' compensation laws allow employees to collect without regard to fault, simply by showing that the injury arose "out of and in the course of employment." Compensation is guaranteed in such cases. It doesn't matter that the employee (or a co-worker) was partly at fault, nor does it matter that the employee knew the job was risky. "Contributory negligence," "assumption of risk," and other defenses normally used by defendants in accident cases do not apply to on-the-job injuries. In return for this guarantee of ...

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