Title XXVII, Labor and Human Rights

of liability if employee intended to kill or injure self or another -- Illegal substances -- Employer's intention to produce injury or death -- Builder's proof of coverage required for issuance of building permit -- Notice required to be posted by employers. (1) Every employer su…

The following shall constitute employers mandatorily subject to, and required to comply with, the provisions of this chapter: (1) Any person, other than one engaged solely in agriculture, that has in this state one (1) or more employees subject to this chapter. (2) The state, any…

The following shall constitute employees subject to the provisions of this chapter, except as exempted under KRS 342.650: (1) Every person, including a minor, whether lawfully or unlawfully employed, in the service of an employer under any contract of hire or apprenticeship, expr…

The following employees are exempt from the coverage of this chapter: (1) Any person employed as a domestic servant in a private home by an employer who has less than two (2) employees each regularly employed forty (40) or more hours a week in domestic servant employment; (2) Any…

(1) An employer that has in its employment any employee exempted under KRS 342.650 may elect to be subject to this chapter. This election on the part of the employer shall be made by the employer securing the payment of compensation to these exempted employees in accordance with …

(1) If an employee, while working outside the territorial limits of this state, suffers an injury on account of which the employee, or in the event of the employee's death, his or her dependents, would have been entitled to the benefits provided by this chapter had that injury oc…

testify. In any claim for compensation, where the employee has been killed, or is physically or mentally unable to testify as confirmed by competent medical evidence and where there is unrebutted prima facie evidence that indicates that the injury was work related, it shall be pr…

(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 other liability of such employer to the employee, his legal representative, husband or wife, parents, dependent…

rights of principal contractors, intermediates, and subcontractors -- Requirement of waiver of remedies for award of contract unlawful. (1) Whenever an injury for which compensation is payable under this chapter has been sustained under circumstances creating in some other person…

benefits. (1) One of the primary purposes of this chapter shall be restoration of the injured employee to gainful employment, and preference shall be given to returning the employee to employment with the same employer or to the same or similar employment. (2) The commissioner sh…

rehabilitation program. Notwithstanding the provisions of KRS 342.730, during the period the employee is eligible for permanent total disability benefits and is actively participating in a vocational or physical rehabilitation program, pursuant to an order of the administrative l…

Termination -- Offsets -- Notification of return to work -- Professional athletes. (1) Except as provided in KRS 342.732, income benefits for disability shall be paid to the employee as follows: (a) For temporary or permanent total disability, sixty-six and two-thirds percent (66…

administrative regulations -- Rebuttable presumption as to employer liability. (1) In all claims for occupational hearing loss caused by either a single incident of trauma or by repetitive exposure to hazardous noise over an extended period of employment, the extent of binaural h…

pneumoconiosis -- Referral to Office of Vocational Rehabilitation -- Administrative regulations -- Online portal. (1) Notwithstanding any other provision of this chapter, income benefits and retraining incentive benefits for occupational pneumoconiosis resulting from exposure to …

(1) The commissioner shall promulgate administrative regulations pursuant to KRS Chapter 13A: (a) Establishing the form and content of a statement for services; (b) Specifying the manner in which the employee may designate and change the designation of physicians; (c) Requiring s…

of temporary total disability benefits, use of managed care, and expediting payment for and resolution of disputes concerning medical benefits. (1) The commissioner shall promulgate administrative regulations to expedite the payment of temporary total disability and medical expen…

maximum and minimum income benefits for disability. (1) For the purposes of this chapter, the average weekly wage of the state shall be determined by the commissioner as follows: On or before September 1 of each year, the total wages reported by subject employers under the Kentuc…

occurring within four years of injury. If the injury causes death, income benefits shall be payable in the amount and to or for the benefit of the persons following, subject to the maximum limits specified in subsections (3) and (4) of this section: (1) (a) If there is a widow or…

(1) There is hereby authorized in the Education and Labor Cabinet an uninsured employers' fund for the purpose of making payments in accordance with the provisions of subsection (4) of this section. The secretary of the Education and Labor Cabinet shall be the custodian of the fu…

(1) Notwithstanding the provisions of KRS Chapter 342 to the contrary, the office of the Attorney General shall be responsible for the administration of the uninsured employers' fund and shall be charged with the conservation of the assets of the fund. Funds to reimburse the Atto…

constituting a lien in favor of uninsured employer's fund. (1) Upon the filing of a claim the commissioner shall ascertain whether the employer, or any other person against whom a claim is filed and who is not exempt by KRS 342.630 or 342.650, has secured payment of compensation …

A claimant may, in the original application for benefits, or any party may, by motion accompanied by proper allegations while the case is still pending, and the administrative law judge shall, upon his own motion at any time before the rendition of the final award, cause the unin…

- Action by Attorney General for uninsured employers' fund. When an award is made against an employer who: (1) Has not secured payment of compensation by either securing insurance coverage or qualifying as a self-insurer; and (2) Has not made a deposit of security, indemnity, or …

exposed to hazards on certain dates -- Benefits. (1) The claim of any miner last exposed to the occupational hazards of coal workers' pneumoconiosis between December 12, 1996, and July 15, 2002, shall nonetheless be governed by the provisions of KRS 342.732 and notwithstanding th…

(1) The commissioner shall maintain a list of duly qualified "B" reader physicians who are licensed in the Commonwealth and are board-certified pulmonary specialists, currently certified by the National Institute of Occupational Safety and Health (NIOSH) who have agreed to perfor…

(1) Notwithstanding any provisions of the KRS to the contrary, every employer engaged in the severance or processing of coal, as defined in KRS 342.0011, at its principal office and such other locations where employees customarily report for payroll and personnel matters, shall c…

(1) The General Assembly finds and declares that: (a) An adequate and available workers' compensation insurance market does not exist for employers in the Commonwealth; (b) Approximately fifty percent (50%) of the private workers' compensation insurance market resides in the resi…

(1) The Kentucky Employers' Mutual Insurance Authority is created as a nonprofit, independent, self-supporting de jure municipal corporation and political subdivision of the Commonwealth which shall be a public body corporate and politic to insure employers in the Commonwealth fo…

As used in KRS 342.801 to 342.843, unless the context otherwise requires: (1) "Authority" means the Kentucky Employers' Mutual Insurance Authority. (2) "Board" means the board of directors of the authority. (3) "Insurer of last resort" means an entity that provides workers' compe…

(1) The authority shall be governed by a board of directors. The board shall exercise complete jurisdiction over the authority. (2) The board shall consist of the: (a) Secretary of the Finance and Administration Cabinet; (b) Secretary of the Personnel Cabinet; (c) Secretary of th…

board. (1) The board shall elect a chair and other officers it deems necessary from its members. The Governor shall make the initial appointments to the board as follows: three (3) members shall be appointed to terms that expire December 31, 1995, and four (4) members shall be ap…

The board of directors of the authority shall function in a manner similar to the governing body of a mutual insurance company established pursuant to KRS Chapter 304, with all of the general corporate powers incidental thereto. The powers and duties of the board shall include, b…

(1) Following a nationwide search, the board shall hire a manager, subject to Senate confirmation in accordance with KRS 11.160 who shall serve at the pleasure of the board. The manager shall be compensated at a level determined by the board. (2) The manager shall have proven suc…

(1) The authority may provide coverage for insurance, authorized in KRS 342.803, to any employer in the Commonwealth, and who tenders the required premium for coverage and comply with other conditions and qualifications for obtaining and maintaining coverage adopted by the author…

risks -- Competitive nature and filing requirement for rates -- Annual report on status of surplus. (1) The authority, through its board and manager, shall establish separate rating plans, rates, and underwriting standards for different classes of risks for the authority. (2) The…

On an annual basis, the board may declare a dividend in accordance with Subtitle 24 of KRS Chapter 304, and distribute the same in the form of premium discounts, dividends, or a combination of dividends and discounts, at its discretion, if: (1) The funding obtained pursuant to KR…

On a quarterly basis, the manager shall prepare a report of assets and liabilities, which shall also include a statement of condition regarding the solvency of the authority when awarded claims to date, and estimated initial claims not reported, are taken into account. This repor…

- Annual statement of solvency -- Circumstances permitting contract audit with certified public accountant -- Discretionary levy and enforcement of assessments. (1) In determining the solvency of the authority in regard to maintaining adequate reserves, the commissioner of insura…

The board shall formulate and adopt an investment policy that safeguards the value of all assets and maximizes investment potential commensurate with risk and liquidity restrictions, and supervise the investment activities of the authority subject to the limitations on domestic i…

The manager shall compile and maintain statistical and actuarial data related to the determination of proper premium rate levels, the incidence of work-related injuries, costs related to those injuries, including medical and indemnity, and other data necessary for the development…

(1) The authority shall not receive any direct state general fund appropriation. (2) Initial funding for the authority shall be determined by the Governor and the secretary of the Finance and Administration Cabinet. Funding methods may include, but not be limited to, a loan from …

(1) For marketing and sales purposes, the authority shall utilize only agents duly and legally licensed and in good standing in accordance with the provisions of KRS Chapter 304 to sell coverage provided by the authority. The authority shall not be required to appoint agents. (2)…

(1) The manager shall formulate, implement, and monitor a workplace safety program for all policyholders. (2) The manager shall develop a written workplace accident and injury reduction plan that promotes safe working conditions and which is based upon clearly stated goals and ob…

official acts. No member of the board, the manager, or any employee of the authority shall be held personally liable for any act performed or for any contract or other obligation entered into or undertaken in an official capacity, in connection with the administration, management…

(1) The board, manager, and employees shall comply with the code of ethics applicable to the Executive Branch pursuant to KRS Chapter 11A. (2) In addition to compliance with the code of ethics required in subsection (1) of this section, no member of the board shall have any direc…

(1) Notwithstanding any provision of KRS Chapter 304 to the contrary, the authority shall be exempt from participation, and shall not join, contribute financially to, nor be entitled to the protection of, any plan, pool, association, guarantee, or insolvency fund authorized or re…