342.690 Exclusiveness of liability.
556 words·~3 min read·
/ky/chapter-342/342-690A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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, dependents, next of kin, and anyone otherwise
entitled to recover damages from such employer at law or in admiralty on
account of such injury or death. For purposes of this section, the term
"employer" shall include a "contractor" covered by subsection
(2)of KRS
342.610, whether or not the subcontractor has in fact, secured the payment of
compensation. The liability of an employer to another person who may be liable
for or who has paid damages on account of injury or death of an employee of
such employer arising out of and in the course of employment and caused by a
breach of any duty or obligation owed by such employer to such other shall be
limited to the amount of compensation and other benefits for which such
employer is liable under this chapter on account of such injury or death, unless
such other and the employer by written contract have agreed to share liability
in a different manner. The exemption from liability given an employer by this
section shall also extend to such employer's carrier and to all employees,
officers or directors of such employer or carrier, provided the exemption from
liability given an employee, officer or director or an employer or carrier shall not
apply in any case where the injury or death is proximately caused by the willful
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, may claim compensation under this chapter and in addition may
maintain an action at law or in admiralty for damages on account of such injury
or death, provided that the amount of compensation shall be credited against
the amount received in such action, and provided that, if the amount of
compensation is larger than the amount of damages received, the amount of
damages less the employee's legal fees and expenses shall be credited
against the amount of compensation. In such action the defendant may not
plead as a defense that the injury was caused by the negligence of a fellow
servant, that the employee assumed the risks of his employment, or that 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 342.650.
(a)Notwithstanding any voluntary agreement entered into between the
United States Department of Labor and a franchisee, neither a franchisee
nor a franchisee's employee shall be deemed to be an employee of the
franchisor for any purpose under this chapter.
(b)Notwithstanding any voluntary agreement entered into between the
United States Department of Labor and a franchisor, neither a franchisor
nor a franchisor's employee shall be deemed to be an employee of the
franchisee for any purpose under this chapter.
(c)For purposes of this subsection, "franchisee" and "franchisor" have the
same meanings as in 16 C.F.R. sec. 436.1.