{"data":{"id":"us-ky/krs-342.610","jurisdiction":"us-ky","citation":"KRS 342.610","heading":"Liability for compensation -- Contractor and subcontractor -- Limitation","body":"of liability if employee intended to kill or injure self or another -- Illegal\nsubstances -- Employer's intention to produce injury or death -- Builder's\nproof of coverage required for issuance of building permit -- Notice required to\nbe posted by employers.\n(1) Every employer subject to this chapter shall be liable for compensation for injury,\noccupational disease, or death without regard to fault as a cause of the injury,\noccupational disease, or death.\n(2) A contractor who subcontracts all or any part of a contract and his or her carrier\nshall be liable for the payment of compensation to the employees of the\nsubcontractor unless the subcontractor primarily liable for the payment of such\ncompensation has secured the payment of compensation as provided for in this\nchapter. Any contractor or his or her carrier who shall become liable for such\ncompensation may recover the amount of such compensation paid and necessary\nexpenses from the subcontractor primarily liable therefor. A person who contracts\nwith another:\n(a) To have work performed consisting of the removal, excavation, or drilling of\nsoil, rock, or mineral, or the cutting or removal of timber from land; or\n(b) To have w ork performed of a kind which is a regular or recurrent part of the\nwork of the trade, business, occupation, or profession of such person\nshall for the purposes of this section be deemed a contractor, and such other person\na subcontractor. This subsection  shall not apply to the owner or lessee of land\nprincipally used for agriculture.\n(3) Liability for compensation shall not apply to injury, occupational disease, or death\nto the employee if the employee willfully intended to injure or kill himself, herself ,\nor another.\n(4) If an employee voluntarily introduced an illegal, nonprescribed substance or\nsubstances or a prescribed substance or substances in amounts in excess of\nprescribed amounts into his or her body detected in the blood, as measured by a\nscientifically reliable test, that could cause a disturbance of mental or physical\ncapacities, it shall be presumed that the illegal, nonprescribed substance or\nsubstances or the prescribed substance or substances in amounts in excess of\nprescribed amounts cause d the injury, occupational disease, or death of the\nemployee and liability for compensation shall not apply to the injury, occupational\ndisease, or death to the employee.\n(5) If injury or death results to an employee through the deliberate intention of his  or\nher employer to produce such injury or death, the employee or the employee's\ndependent as herein defined shall receive the amount provided in this chapter in a\nlump sum to be used, if desired, to prosecute the employer. The dependents may\nbring suit against the employer for any amount they desire. If injury or death results\nto an employee through the deliberate intention of his or her employer to produce\nsuch injury or death, the employee or the employee's dependents may take under\nthis chapter, or in lieu thereof, have a cause of action at law against the employer as\nif this chapter had not been passed, for such damage so sustained by the employee,\nhis dependents or personal representatives as is recoverable at law. If a suit is\nbrought under this subse ction, all right to compensation under this chapter shall\nthereby be waived as to all persons. If a claim is made for the payment of\ncompensation or any other benefit provided by this chapter, all rights to sue the\nemployer for damages on account of such i njury or death shall be waived as to all\npersons.\n(6) Prior to issuing any building permit pursuant to KRS 198B.060(10), every local\nbuilding official shall require proof of workers' compensation coverage from the\nbuilder before a permit is issued. A perso n who is exempt under the exception\ncontained in KRS 342.650(2), and any contractor otherwise exempt from this\nchapter, shall so certify to the local building official, in writing and on a form\nprescribed by the commissioner, in lieu of providing proof of workers'\ncompensation coverage.\n(7) Every employer subject to this chapter, at its principal office and such other\nlocations where employees customarily report for payroll and personnel matters,\nshall post a notice stating the name of its workers' compensa tion insurance carrier\nand policy number, setting forth the means to access medical care for injuries, the\nemployee's obligation to give notice of accidents, and such other matters concerning\nthe employee's rights under this chapter as may be required by t he commissioner so\nas to afford every employee the opportunity to become informed about the\nemployer's workers' compensation program. The format and contents of the notice\nshall be established by the commissioner through administrative regulation, and\ncopies shall be provided to the employer by its insurance carrier.","path":["KRS Chapter 342"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47623","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:32Z","sha256":"65a27c886d54f1feda5bfb9e3bfed1000168af01e59315ec28aaef8d1664e910","source_id":"us-ky","stale":false,"prev":"us-ky/krs-342.555","next":"us-ky/krs-342.615"},"notice":"GroundRules: Original legal text. Not legal advice."}