2013 Kentucky Revised Statutes CHAPTER 342 - WORKERS' COMPENSATION 342.610 Liability for compensation -- Builder's proof of coverage required for issuance of building permit -- Notice required to be posted by employers.
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342.610 Liability for compensation -- Builder's proof of coverage required for
issuance of building permit -- Notice required to be posted by employers.
(1)
(2)
(3)
(4)
(5)
Every employer subject to this chapter shall be liable for compensation for
injury, occupational disease, or death without regard to fault as a cause of the
injury, occupational disease, or death.
A contractor who subcontracts all or any part of a contract and his or her
carrier shall be liable for the payment of compensation to the employees of the
subcontractor unless the subcontractor primarily liable for the payment of such
compensation has secured the payment of compensation as provided for in
this chapter. Any contractor or his or her carrier who shall become liable for
such compensation may recover the amount of such compensation paid and
necessary expenses from the subcontractor primarily liable therefor. A person
who contracts with another:
(a) To have work performed consisting of the removal, excavation, or drilling
of soil, rock, or mineral, or the cutting or removal of timber from land; or
(b) To have work performed of a kind which is a regular or recurrent part of
the work of the trade, business, occupation, or profession of such person
shall for the purposes of this section be deemed a contractor, and such other
person a subcontractor. This subsection shall not apply to the owner or lessee
of land principally used for agriculture.
Liability for compensation shall not apply where injury, occupational disease, or
death to the employee was proximately caused primarily by voluntary
intoxication as defined in KRS 501.010, or by his or her willful intention to injure
or kill himself, herself, or another.
If injury or death results to an employee through the deliberate intention of his
or her employer to produce such injury or death, the employee or the
employee's dependent as herein defined shall receive the amount provided in
this chapter in a lump sum to be used, if desired, to prosecute the employer.
The dependents may bring suit against the employer for any amount they
desire. If injury or death results to an employee through the deliberate intention
of his or her employer to produce such injury or death, the employee or the
employee's dependents may take under this chapter, or in lieu thereof, have a
cause of action at law against the employer as if this chapter had not been
passed, for such damage so sustained by the employee, his dependents or
personal representatives as is recoverable at law. If a suit is brought under this
subsection, all right to compensation under this chapter shall thereby be
waived as to all persons. If a claim is made for the payment of compensation or
any other benefit provided by this chapter, all rights to sue the employer for
damages on account of such injury or death shall be waived as to all persons.
Prior to issuing any building permit pursuant to KRS 198B.060(10), every local
building official shall require proof of workers' compensation coverage from the
builder before a permit is issued. A person who is exempt under the exception
contained in KRS 342.650(2), and any contractor otherwise exempt from this
chapter, shall so certify to the local building official, in writing and on a form
prescribed by the commissioner, in lieu of providing proof of workers'
compensation coverage.
(6)
Every employer subject to this chapter, at its principal office and such other
locations where employees customarily report for payroll and personnel
matters, shall post a notice stating the name of its workers' compensation
insurance carrier and policy number, setting forth the means to access medical
care for injuries, the employee's obligation to give notice of accidents, and such
other matters concerning the employee's rights under this chapter as may be
required by the commissioner so as to afford every employee the opportunity to
become informed about the employer's workers' compensation program. The
format and contents of the notice shall be established by the commissioner
through administrative regulation, and copies shall be provided to the employer
by its insurance carrier.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1835, effective July 15, 2010. -Amended 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 27, effective December
12, 1996. -- Created 1972 Ky. Acts ch. 78, sec. 1, effective January 1, 1973.
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