342.690 Exclusiveness of liability.
(1) If an employer secures payment of compensation as required by this chapter, the
liability of such employer under this chapter shall be exclusive and in place of all <br>other liability of such employer to the employee, his legal representative, husband <br>or wife, parents, dependents, next of kin, and anyone otherwise entitled to recover <br>damages from such employer at law or in admiralty on account of such injury or <br>death. For purposes of this section, the term "employer" shall include a "contractor" <br>covered by subsection (2) of KRS 342.610, whether or not the subcontractor has in <br>fact, secured the payment of compensation. The liability of an employer to another <br>person who may be liable for or who has paid damages on account of injury or <br>death of an employee of such employer arising out of and in the course of <br>employment and caused by a breach of any duty or obligation owed by such <br>employer to such other shall be limited to the amount of compensation and other <br>benefits for which such employer is liable under this chapter on account of such <br>injury or death, unless such other and the employer by written contract have agreed <br>to share liability in a different manner. The exemption from liability given an <br>employer by this section shall also extend to such employer's carrier and to all <br>employees, officers or directors of such employer or carrier, provided the exemption <br>from liability given an employee, officer or director or an employer or carrier shall <br>not apply in any case where the injury or death is proximately caused by the willful <br>and unprovoked physical aggression of such employee, officer or director.
(2) If an employer fails to secure payment of compensation as required by this chapter,
an injured employee, or his legal representative in case death results from the injury, <br>may claim compensation under this chapter and in addition may maintain an action <br>at law or in admiralty for damages on account of such injury or death, provided that <br>the amount of compensation shall be credited against the amount received in such <br>action, and provided that, if the amount of compensation is larger than the amount <br>of damages received, the amount of damages less the employee's legal fees and <br>expenses shall be credited against the amount of compensation. In such action the <br>defendant may not plead as a defense that the injury was caused by the negligence <br>of a fellow servant, that the employee assumed the risks of his employment, or that <br>the injury was due to the contributory negligence of the employee.
(3) An employer shall retain all common law defenses against any action by an
employee who elects not to be covered, as provided under subsection (6) of KRS <br>342.650.
Effective: July 15, 1980. <br>History: Amended 1980 Ky. Acts ch. 188, sec. 274, effective July 15, 1980. -- Created
1972 Ky. Acts ch. 78, sec. 9, effective January 1, 1973.
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