Kentucky Workers Compensation Insurance Accidents

To summarize Workers Compensation Law.  Almost everyone that works is covered by Workers Compensation the excluded workers include agricultural workers, Domestic servants, independent contractors some federal workers, and workers that reject workmans compensation.  Employers that fail to provide coverage may be sued just like any other person if the employer pays for workers compensation insurance he cannot be sued for injuries that occur in the workplace. Simply because a person is injured at the workplace does not mean that the worker or his employer cant sue the landlord or the manufacturer of the product that injured him. However if the employer violates safety rules or intentionally injures the employee the employee may sue the employer in both workers compensation and Circuit Court.   Covered injuries are broadly defined and include accidents and occupational diseases.  All injuries must be work related. 
 

Often you hear that the illness must arise out of and be in the course of employment.  Arising out of tends to relate to where and when of the accident.  If the employee was injured during a break or at a company picnic or in the company cafeteria he would be covered.    However he is not covered while he watches TV at home. Going and coming to home is normally not covered but an employee that has clocked out and is walking to the employers parking lot or while he is on the sidewalk would be covered. 

 In the course of relates more as to the cause of the injury.  If another employee injures the worker by horseplay the worker is covered as long as he was an innocent victim.   Intoxication or Suicide is normally not covered since it normally does not involve in the course of employment. But a worker that is driven to suicide because of an occupational disease would be covered just like a worker that became intoxicated from cleaning glue vats.  If the place is being robbed and the employee is shot protecting the employer or his property the accident is covered. 

To be covered the court looks at whether the injury occurred on the property of the employer,  if the employer required or encouraged the employee to participate,  and if the employer received any benefit from the activity.  If the illness is an occupational disease you must show how it flowed and arose from the workers environment.  There are special procedures for filing occupational disease claims. 

If you have a specific Workers Compensation question e mail the Workers Compensation attorney.  We will answer it and perhaps add it to our commonly asked Workers Compensation information section.  This is not legal advice. Only a Workers Compensation attorney should advise you about your individual Workers Compensation problems.  It is for informational purposes only.   The Personal Injury and Workers Compensation Manual is free  and written by an attorney download your copy. 

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