{"data":{"id":"us-ky/krs-342.690","jurisdiction":"us-ky","citation":"KRS 342.690","heading":"Exclusiveness of liability.","body":"(1) If an employer secures payment of compensation as required by this chapter,\nthe liability of such employer under this chapter shall be exclusive and in place\nof all other liability of such employer to the employee, his legal representative,\nhusband  or wife, parents, dependents, next of kin, and anyone otherwise\nentitled to recover damages  from such employer at law or in admiralty on\naccount of such injury or death. For purposes of this section, the term\n\"employer\" shall include a \"contractor\" covered by subsection (2) of KRS\n342.610, whether or not the subcontractor has in fact, secured the payment of\ncompensation. The liability of an employer to another person who may be liable\nfor or who has paid damages  on account of injury or death of an employee of\nsuch employer arising out of and in the course of employment and caused by a\nbreach of any duty or obligation owed by such employer to such other shall be\nlimited to the amount  of compensation and other benefits for which such\nemployer is liable under this chapter on account of such injury or death, unless\nsuch other and the employer by written contract have agreed to share liability\nin a different manner. The exemption from liability given an employer by this\nsection shall also extend to such employer's carrier and to all employees,\nofficers or directors of such employer or carrier, provided the exemption from\nliability given an employee, officer or director or an employer or carrier shall not\napply in any case where the injury or death is proximately caused by the willful\nand unprovoked physical aggression of such employee, officer or director.\n(2) If an employer fails to secure payment of compensation as required by this\nchapter, an injured employee, or his legal representative in case death results\nfrom the injury, may claim compensation under this chapter and in addition may\nmaintain an action at law or in admiralty for damages on account of such injury\nor death, provided that the amount of compensation shall be credited against\nthe amount  received in such action, and provided that, if the amount  of\ncompensation is larger than the amount of damages  received, the amount of\ndamages  less the employee's legal fees and expenses shall be credited\nagainst the amount of compensation. In such action the defendant may  not\nplead as a defense that the injury was caused by the negligence of a fellow\nservant, that the employee assumed  the risks of his employment, or that the\ninjury was due to the contributory negligence of the employee.\n(3) An  employer shall retain all common  law defenses against any action by an\nemployee  who elects not to be covered, as provided under subsection (6) of\nKRS  342.650.\n(4) (a) Notwithstanding any voluntary agreement  entered into between  the\nUnited States Department of Labor and a franchisee, neither a franchisee\nnor a franchisee's employee shall be deemed  to be an employee of the\nfranchisor for any purpose under this chapter.\n(b) Notwithstanding any voluntary agreement  entered into between  the\nUnited States Department of Labor and a franchisor, neither a franchisor\nnor a franchisor's employee shall be deemed  to be an employee of the\nfranchisee for any purpose under this chapter.\n(c) For purposes of this subsection, \"franchisee\" and \"franchisor\" have the\nsame  meanings as in 16 C.F.R. sec. 436.1.","path":["KRS Chapter 342"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45766","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:32Z","sha256":"2a1f1de2f7fe3b6112ca60994f956a67d63cdc62fbfd86703f1720d3d3a9ed29","source_id":"us-ky","stale":false,"prev":"us-ky/krs-342.680","next":"us-ky/krs-342.700"},"notice":"GroundRules: Original legal text. Not legal advice."}