(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.
(4) (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.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 24, sec. 4, effective June 29, 2017. --
Amended 1980 Ky. Acts ch. 188, sec. 274, effective July 15, 1980. -- Created
1972 Ky. Acts ch. 78, sec. 9, effective January 1, 1973.
Notes of Decisions
Travelers Indem. Co. v. Reker, 100 S.W.3d 756 (Ky. 2003).
· cites it 52× “That amendment would have added a new subsection (4) to KRS 342.690 to provide as follows: An employee shall retain the right to bring a cause of action pursuant to KRS 304.”
Brown v. Indiana Ins. Co., 184 S.W.3d 528 (Ky. 2005).
· cites it 32× “Ordinarily, under KRS 342.690(1), the exclusive remedy available to the estates of Garcia and O'Banion would be death benefits payable under KRS 342.”
Fireman's Fund Ins. Co. v. Sherman & Fletcher, 705 S.W.2d 459 (Ky. 1986).
· cites it 21× “In its reply brief filed in the Court of Appeals, Active Constructors stated: "The constitutionality of KRS 342.690 is not the question. Rather, it is whether the Appellants' indemnity claim is barred by KRS 342.”
Steve Black v. Dixie Consum. Prods., 835 F.3d 579 (6th Cir. 2016).
· cites it 12× “See Ky. Rev. Stat. § 342.690. Other courts of appeals have applied the exception to private defendants as well.”
Labor Ready, Inc. v. Johnston, 289 S.W.3d 200 (Ky. 2009).
· cites it 19× “610 and KRS 342.690 provided Mid-America with up-the-ladder immunity from a civil suit by a Labor Ready employee, the trial court held that Hudson and Johnston must be viewed as being co-employees.”
Gen. Elec. Co. v. Cain, 236 S.W.3d 579 (Ky. 2007).
· cites it 10× “The Kentucky Workers’ Compensation Act is a legislative remedy which affords an injured worker a remedy without proof of the common law elements of fault.”
Wymer v. JH Props., Inc., 50 S.W.3d 195 (Ky. 2001).
· cites it 8× “KRS 342.690. The Borman court said that the language of the statute demonstrated an intent to maintain the exclusivity of the remedy principle intact.”
Sand Hill Energy, Inc. v. Ford Motor Co., 83 S.W.3d 483 (Ky. 2002).
· cites it 9× “03(1) states: "In civil cases each opposing side shall have three peremptory challenges, but co-parties having antagonistic interests shall have three peremptory challenges each.”
Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005).
· cites it 6× “In addition to the facts that Baize dispatched Hargis to pick up Baize's logs and transport them to Baize's place of business on a semi-trailer owned by Baize, are the facts that Hargis had worked exclusively for Baize for six months immediately preceding the accident and,…”
Philadelphia Indem. Ins. v. Morris, 990 S.W.2d 621 (Ky. 1999).
· cites it 16× “I agree with the majority that KRS 342.690 does not preclude recovery of UIM benefits in this case, but I do not believe that the limitations clause in the UIM endorsement is unenforceable and violative of public policy.”
Franke v. Ford Motor Co., 398 F. Supp. 2d 833 (W.D. Ky. 2005).
· cites it 15× “610 of the Act and therefore is entitled to common law tort immunity under section 342.690. Section 342.690(1) provides 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…”
— Ky. Rev. Stat. § 342.690(1) — 104 cases
Travelers Indem. Co. v. Reker, 100 S.W.3d 756 (Ky. 2003).
“That amendment would have added a new subsection (4) to KRS 342.690 to provide as follows: An employee shall retain the right to bring a cause of action pursuant to KRS 304.”
Brown v. Indiana Ins. Co., 184 S.W.3d 528 (Ky. 2005).
“Ordinarily, under KRS 342.690(1), the exclusive remedy available to the estates of Garcia and O'Banion would be death benefits payable under KRS 342.”
Labor Ready, Inc. v. Johnston, 289 S.W.3d 200 (Ky. 2009).
“610 and KRS 342.690 provided Mid-America with up-the-ladder immunity from a civil suit by a Labor Ready employee, the trial court held that Hudson and Johnston must be viewed as being co-employees.”
Fireman's Fund Ins. Co. v. Sherman & Fletcher, 705 S.W.2d 459 (Ky. 1986).
“In its reply brief filed in the Court of Appeals, Active Constructors stated: "The constitutionality of KRS 342.690 is not the question. Rather, it is whether the Appellants' indemnity claim is barred by KRS 342.”
Steve Black v. Dixie Consum. Prods., 835 F.3d 579 (6th Cir. 2016).
“See Ky. Rev. Stat. § 342.690. Other courts of appeals have applied the exception to private defendants as well.”
— Ky. Rev. Stat. § 342.690(2) — 12 cases
Brown v. Indiana Ins. Co., 184 S.W.3d 528 (Ky. 2005).
“Ordinarily, under KRS 342.690(1), the exclusive remedy available to the estates of Garcia and O'Banion would be death benefits payable under KRS 342.”
Travelers Indem. Co. v. Reker, 100 S.W.3d 756 (Ky. 2003).
“That amendment would have added a new subsection (4) to KRS 342.690 to provide as follows: An employee shall retain the right to bring a cause of action pursuant to KRS 304.”
— Ky. Rev. Stat. § 342.690(l) — 1 case
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