342.640 Coverage of employees.
The following shall constitute employees subject to the provisions of this chapter, except <br>as exempted under KRS 342.650: <br>(1) Every person, including a minor, whether lawfully or unlawfully employed, in the
service of an employer under any contract of hire or apprenticeship, express or <br>implied, and all helpers and assistants of employees, whether paid by the employer <br>or employee, if employed with the knowledge, actual or constructive, of the <br>employer;
(2) Every executive officer of a corporation; <br>(3) Every person in the service of the state or any of its political subdivisions or
agencies, or of any county, city of any class, school district, drainage district, tax <br>district, public or quasipublic corporation, or other political entity, under any <br>contract of hire, express or implied, and every official or officer of those entities, <br>whether elected or appointed, while performing his official duties shall be <br>considered an employee of the state. Every person who is a member of a volunteer <br>ambulance service, fire, or police department shall be deemed, for the purposes of <br>this chapter, to be in the employment of the political subdivision of the state where <br>the department is organized. Every person who is a regularly-enrolled volunteer <br>member or trainee of an emergency management agency, as established under KRS <br>Chapters 39A to 39E, shall be deemed, for the purposes of this chapter, to be in the <br>employment of this state. Every person who is a member of the Kentucky National <br>Guard, while the person is on state active duty as defined in KRS 38.010(4), shall <br>be deemed, for the purposes of this chapter, to be in the employment of this state;
(4) Every person performing service in the course of the trade, business, profession, or
occupation of an employer at the time of the injury; and
(5) Subject to the provisions in subsection (4) of this section, every person regularly
selling or distributing newspapers on the street or to customers at their homes or <br>places of business. For the purposes of this chapter, the person shall be deemed an <br>employee of an independent news agency for whom he is selling or distributing <br>newspapers, or, in the absence of an independent agency, of each publisher whose <br>newspapers he sells or distributes.
Effective: July 15, 1998 <br>History: Amended 1998 Ky. Acts ch. 226, sec. 110, effective July 15, 1998. --
Amended 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 28, effective December 12, <br>1996. -- Amended 1992 Ky. Acts ch. 307, sec. 11, effective April 9, 1992. -- <br>Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 52, effective October 26, 1987. <br>-- Amended 1986 Ky. Acts ch. 271, sec. 1, effective July 15, 1986. -- Amended 1976 <br>Ky. Acts ch. 161, sec. 3. -- Created 1972 Ky. Acts ch. 78, sec. 4, effective January 1, <br>1973.
Legislative Research Commission Note (12/12/96). 1996 (1st Extra. Sess.) Ky. Acts
ch. 1, sec. 28 stated that it was amending this statute, but the proposed changes to the <br>statute were eliminated by legislative action on this Act although the statute itself was <br>not deleted from the bill.
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