{"data":{"id":"us-ky/krs-342.670","jurisdiction":"us-ky","citation":"KRS 342.670","heading":"Extraterritorial coverage.","body":"(1) If an employee, while working outside the territorial limits of this state, suffers an\ninjury on account of which the employee, or in the event of the employee's death,\nhis or her dependents, would have been entitled to the benefits provided by this\nchapter had that injury occurred within this state, that employee, or in the event of\nthe employee's death resulting from that injury, his or her dependents, shall be\nentitled to the benefits provided by this chapter, if at the time of the injury:\n(a) His or her employment is principally localized in this state; or\n(b) He or she is working under a contract of hire made in this state in employment\nnot principally localized in any state; or\n(c) He or she is working under a contract of hire made in this state in employment\nprincipally localized in another state whose workers' compensation law is not\napplicable to his or her employer; or\n(d) He or she is working under a contract of hire made in this state for\nemployment outside the United States and Canada.\n(2) The payment or award of benefits under the workers' compensation law of another\nstate, territory, province, or foreign nation to an employee or his or her dependents\notherwise entitled on account of such injury or death to the benefits of this chapter\nshall not be a bar to a claim for benefits under this chapter, if a claim under this\nchapter is filed within two (2) years after that injury or death. If compensation is\npaid or awarded under this chapter:\n(a) The medical and related benefits furnished or paid for b y the employer under\nanother jurisdiction's workers' compensation law on account of such injury or\ndeath shall be credited against the medical and related benefits to which the\nemployee would have been entitled under this chapter had claim been made\nsolely under this chapter;\n(b) The total amount of all income benefits paid or awarded the employee under\nanother jurisdiction's workers' compensation law shall be credited against the\ntotal amount of income benefits which would have been due the employee\nunder this chapter, had claim been made solely under this chapter; and\n(c) The total amount of death benefits paid or awarded under another\njurisdiction's workers' compensation law shall be credited against the total\namount of death benefits due under this chapter.\n(3) If any employee is entitled to the benefits of this chapter by reason of an injury\nsustained in this state in employment by an employer who is domiciled in another\nstate and who has not secured the payment of compensation as required by this\nchapter, the employer or his carrier may file with the commissioner a certificate,\nissued by the commission or agency of the other state having jurisdiction over\nworkers' compensation claims, certifying that the employer has secured the payment\nof compensation u nder the workers' compensation law of the other state and that\nwith respect to the injury the employee is entitled to the benefits provided under that\nlaw, and that the benefits to which the employee or his or her dependents is entitled\nare at least as gre at as those to which he or she would be entitled if the injury\noccurred and was processed under Kentucky law, under Kentucky coverage. In this\nevent:\n(a) The filing of the certificate shall constitute an appointment by the employer or\nhis carrier of the co mmissioner as his or her agent for acceptance of the\nservice of process in any proceeding brought by the employee or his or her\ndependents to enforce his, her, or their rights under this chapter on account of\nthe injury;\n(b) The commissioner shall send to the employer or carrier, by certified mail to\nthe address shown on the certificate, a true copy of any notice of claim or\nother process served on the commissioner by the employee or his or her\ndependents in any proceeding brought to enforce his, her, or th eir rights under\nthis chapter;\n(c) 1. If the employer is a qualified self -insurer under the workers'\ncompensation law of the other state, the employer shall, upon\nsubmission of evidence satisfactory to the commissioner, of its ability to\nmeet its liability  to the employee under this chapter, be deemed to be a\nqualified self-insurer under this chapter;\n2. If the employer's liability under the workers' compensation law of the\nother state is insured, the employer's carrier, as to the employee or his or\nher dependents only, shall be deemed to be an insurer authorized to\nwrite insurance under and be subject to this chapter; however, unless its\ncontract with the employer requires it to pay an amount equivalent to the\ncompensation benefits provided by this chapter, its liability for income\nbenefits or medical and related benefits shall not exceed the amounts of\nthe benefits for which the insurer would have been liable under the\nworkers' compensation law of the other state;\n(d) If the total amount for which the employer's insurance is liable under (c)\nabove is less than the total of the compensation benefits to whic h the\nemployee is entitled under this chapter, the commissioner may, if he or she\ndeems it necessary, require the employer to file security, satisfactory to the\ncommissioner, to secure the payment of benefits due the employee or his or\nher dependents under this chapter; and\n(e) Upon compliance with the preceding requirements of this subsection (3), the\nemployer, as to the employee only, shall be deemed to have secured the\npayment of compensation under this chapter.\n(4) Any professional athlete, coach, or tr ainer who has been hired outside this\nCommonwealth by an employer domiciled in a foreign state, including professional\nbaseball, basketball, football, and ice-hockey clubs, is exempted from the provisions\nof this chapter while that employee is temporarily within this Commonwealth doing\nwork for the employer, if the foreign employer has secured workers' compensation\ninsurance coverage under the workers' compensation law of the foreign state, so as\nto cover the employee's employment while in this Commonwealth . The benefits\nunder the workers' compensation law of the foreign state shall be the exclusive\nremedy against that employer and any affiliated club for any injury, whether\nresulting in death or not, received by any employee while working for that employer\nin this Commonwealth.\n(5) As used in this section:\n(a) \"United States\" includes only the states of the United States and the District of\nColumbia;\n(b) \"State\" includes any state of the United States, the District of Columbia, or\nany province of Canada;\n(c) \"Carrier\" includes any insurance company licensed to write workers'\ncompensation insurance in any state of the United States or any state or\nprovincial fund which insures employers against their liabilities under a\nworkers' compensation law;\n(d) A person's employment is principally localized in this or another state when:\n1. His or her employer has a place of business in this or the other state and\nhe or she regularly works at or from that place of business, or\n2. If subparagraph 1. foregoing is not applicable, he or she is domiciled and\nspends a substantial part of his or her working time in the service of his\nor her employer in this or the other state;\n(e) An employee whose duties require him or her to travel regularly in the service\nof his or her employer in this and one (1) or more other states may, by written\nagreement with his or her employer, provide that his or her employment is\nprincipally localized in this or another state, and, unless the other state refuses\njurisdiction, the agreement shall be given effect under this chapter;\n(f) \"Workers' compensation law\" includes \"occupational disease law.\"","path":["KRS Chapter 342"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32537","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:32Z","sha256":"e8a15540f95534dc6c217bb7a3bf9aeba68fa88777c57731c595a5acfe30f353","source_id":"us-ky","stale":false,"prev":"us-ky/krs-342.660","next":"us-ky/krs-342.680"},"notice":"GroundRules: Original legal text. Not legal advice."}