Kentucky Revised Statutes
Ky. Rev. Stat. § 342.055 (2026)
Repealed, effective January 1, 1973
✓ current as of May 2026
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Catchline at repeal: Remedies when third party is legally liable. History: Repealed 1972 Ky. Acts ch. 78, sec. 36, effective January 1, 1973. -- Amended 1948 Ky. Acts ch. 64, sec. 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4890.
Notes of Decisions
Cited in 40
cases, 1943–2011 · leading case: State Farm Mut. Ins. Co. v. Fireman's Fund Am. Ins. Co., 550 S.W.2d 554 (Ky. 1977).
State Farm Mut. Ins. Co. v. Fireman's Fund Am. Ins. Co., 550 S.W.2d 554 (Ky. 1977). “KRS 342.055 [now KRS 342.700(1)], a section of the Workmen’s Compensation Law, provided that whenever a compensable injury resulted from circumstances creating liability in some person other than the employer the injured employe could either claim workmen’s compensation or sue…”
Ruby Lumber Co. v. K. v. Johnson Co., 187 S.W.2d 449 (Ky. Ct. App. 1945). “It is then argued by appellee that by our construction of KRS 342.055, 342.060, the right of a subcontrac'tor to sue the principal is established; that any right to common law remedy is excluded by implication by the granting of such right only as against a third party in whom…”
AIK Selective Self Ins. Fund v. Bush, 74 S.W.3d 251 (Ky. 2002). “The statute was originally compiled as KS 4890, then as KRS 342.055, and now as KRS 342.700(1). As originally enacted, the statute gave the right of subrogation only to the employer.”
G & J Pepsi-Cola Bottlers, Inc. v. Fletcher, 229 S.W.3d 915 (Ky. Ct. App. 2007). “A payment made in performance of a contractual obligation is not a payment of “damages.”
Miller v. Scott, 339 S.W.2d 941 (Ky. Ct. App. 1960). “KRS 342.055 deals with accidents caused by third parties and for which they are legally liable.”
Miller Truck Lines, LLC. v. Cent. Refrigerated Serv., Inc., 781 F. Supp. 2d 488 (W.D. Ky. 2011). “700(1), when an employee recovered from both his employer (under the workers compensation statute) and a negligent third party, KRS 342.055 gave the employer the ability to recoup benefits paid to the employee.”
Beaver v. Oakley, 279 S.W.3d 527 (Ky. 2009). “700(1) or its precursor, KRS 342.055.”). 21 . Oakley has suggested that perhaps Beaver might have been an independent contractor rather than Whitaker's employee.”
S. Quarries & Contracting Co. v. Hensley, 232 S.W.2d 999 (Ky. Ct. App. 1950). “Furthermore, KRS 342.055 specifically gives the employer or his insurance carrier the right of recovery against a third party causing the damage.”
Stacy v. Noble, 361 S.W.2d 285 (Ky. Ct. App. 1962). “*287 KRS 342.055 reads: “Whenever an injury for which compensation is payable under this chapter has been sustained under circumstances creating in some other person than the employer a legal liability to pay damages, the injured employe may either claim compensation or proceed…”
S. Quarries & Contracting Co. v. Hensley, 232 S.W.2d 999 (Ky. Ct. App. 1950). “Had the Insurance Carrier or the employer brought the common law action against the tort feasor, as they had the right to do under KRS 342.055, they would have had to pay their attorney’s fee.”
Fireman's Fund Ins. Co. v. Gov't Employees Ins. Co., 635 S.W.2d 475 (Ky. 1982). “cases was that previous opinions by the court had established that the principal contractor (the alleged wrongdoer) was not “some other person” whom KRS 342.055 3 authorized the employe himself to sue.”
McCoy v. Carter, 323 S.W.2d 210 (Ky. Ct. App. 1959). “KRS 342.055 is relied upon as the basis for this right.”
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