WORKERS' COMPENSATION
KRS tit. XXVII, ch. 342
in effectContents
section342.001. Repealed, effective January 1, 1973section342.002. Repealed, 1966section342.003. Repealed, 1973section342.004. Repealed, 1980section342.005. Repealed, effective January 1, 1973section342.006. Repealed, 1966section342.007. Repealed, 1966section342.008. Repealed, 1966section342.009. Repealed, 1966section342.010. Repealed, effective June 1, 1973section342.011. Repealed, 1956section342.0011. Definitions for chaptersection342.0012. Repealed, 2017section342.012. Business owners -- Election to be included as employees -- Qualified partners and members, nonqualified partners and members, and limited liability company defined -- Provision of partnership agreement or articles of organization upon requestsection342.015. Repealed, effective January 1, 1973section342.0015. Application of 1996 (1st Extra. Sess.) Ky. Acts ch. 1section342.016. Repealed, 1972section342.017. Repealed, effective January 1, 1973section342.019. Coverage of chiropractic servicessection342.020. Medical treatment at expense of employer -- Duration of employer's obligation -- Continuation of benefits -- Selection of physician and hospital -- Payment -- Managed health care system -- Artificial members and braces -- Waiver of privilege -- Disclosure of interest in referrals -- Urine drug screenings -- Pharmacist services and proceduressection342.021. Repealed, effective January 1, 1973section342.025. Repealed, effective January 1, 1973section342.030. Repealed, 1970section342.033. Definition of "physician" for section -- Medical evidence -- Limitation -- Formsection342.035. Administrative regulations -- Medical fee schedule -- Review and updating -- Action for excess fees -- Effect of failure to submit to or follow surgical or medical treatment or advice -- Certification to commissioner -- Audit -- Utilization review -- Report -- Copies of records -- Practice parameters and evidence-based guidelines -- Formulary -- Medical fee schedule for registeredsection342.038. Employer to keep record of injuries -- Reports required to be filedsection342.039. Filing of detailed claim information by each insurance company, self- insured group, and employer carrying its own risksection342.040. Time of payment of income benefits and retraining incentive benefits -- Attorney's fees for recovery of overdue temporary total disability income benefits -- Interest on overdue benefitssection342.045. Repealed, effective January 1, 19973section342.050. Repealed, effective January 1, 1973section342.055. Repealed, effective January 1, 1973section342.060. Repealed, effective January 1, 1973section342.065. Certain minors considered sui jurissection342.070. Repealed effective January 1, 1973section342.075. Determination of dependencysection342.080. Repealed effective January 1, 1973section342.085. Definition of certain dependentssection342.090. Payment of death benefits in good faith -- Release of payor from liabilitysection342.095. Repealed, effective January 1, 1973section342.100. Repealed, effective January 1, 1973section342.105. Repealed, effective January 1, 1973section342.110. Repealed, effective January 1, 1973section342.111. Repealed, effective January 1, 1973section342.113. Repealed, effective January 1, 1973section342.115. Repealed, 1970section342.118. Department of Workers' Claims -- Commissioner -- Organizational units - - Chief administrative law judgesection342.120. Division of Workers' Compensation Funds -- Fund's liability for claims occurring after December 12, 1996 -- Payment of settlements for income benefits -- Transfer of responsibilities from division to Kentucky Employers' Mutual Insurance Authoritysection342.121. Repealed, 1996section342.122. Special fund assessments -- Annual adjustments -- Quarterly payments -- Electronic remittance -- Reports -- Central claim registrysection342.123. Repealed, 1987section342.124. Repealed, 1990section342.125. Reopening and review of award or order -- Grounds -- Procedures -- Time limitations -- Credit for previously-awarded retraining incentive benefits or income benefits awarded for coal-related pneumoconiosissection342.130. Compensation of alien dependentssection342.135. Notice, how served -- Notice to nonresident aliensection342.140. Computation of employee's average weekly wagesection342.143. Method for determining the average weekly wage of the statesection342.145. Repealed, effective January 1, 1973section342.150. Repealed, 1996section342.155. Payment of lump-sum compensation to trusteesection342.160. Payments to certain dependents for others -- Effect of legal disability of dependentsection342.165. Increase or decrease in compensation for failure to comply with safety law -- Compensation not payable if employee falsely represents physical condition or medical history at time of employmentsection342.170. Repealed, effective January 1, 1973section342.175. Lien for compensationsection342.180. Compensation claim not assignable -- Exempt from debts -- Exceptionsection342.185. Notice of accident -- Claim for compensation -- Limitation -- Cumulative trauma injurysection342.186. Repealed, 1980section342.190. Notice and claim to be in writing -- Contentssection342.195. Notice and claim -- How servedsection342.197. Discrimination against employees who have filed claims or who have a diagnosis of coal-related pneumoconiosis -- Civil remediessection342.200. Certain defects or failure to give notice not to bar compensationsection342.205. Right of employer to require continued physical examination -- Payment of cost of examination -- Effect of employee's refusal -- Statement of earnings to be furnished at request of partysection342.210. Limitation of time not to run against minors or incompetentssection342.213. Workers' Compensation Nominating Committee -- Membership -- Duties with respect to appointmentssection342.215. Workers' Compensation Board -- Authority -- Appointment -- Qualifications -- Term -- Vacancies -- Retirement system coveragesection342.220. Oath of Board Memberssection342.225. Repealed, 1964section342.228. Responsibilities of the Department of Workers' Claims -- Selection and qualifications of commissionersection342.229. Claimant records -- Limitation on inspectionsection342.230. Employees of the Department of Workers' Claims -- Duties of commissioner -- Appointment, qualifications, terms, and duties of administrative law judges -- Exemption of administrative law judges from classified service -- Removal provisions -- Vacancies -- Chief administrative law judgesection342.231. Monthly reportssection342.232. Quarterly reports on insurance guaranty funds, Kentucky coal workers' pneumoconiosis fund, and the status of KRS Chapter 342section342.235. Traveling expensessection342.240. Office -- Equipment -- Seal -- Sessions -- Venue of certain proceedingssection342.245. Record of proceedingssection342.250. Repealed, effective January 1, 1973section342.255. Repealed, 1987section342.260. Permitted and required departmental administrative regulations -- Adoption of life expectancy tables -- Processes and procedure -- Subpoenas -- Duties of sheriff and Circuit Courtsection342.262. Legislative findings -- Commissioner to give recommendation on new edition of "Guides to the Evaluation of Permanent Impairment" -- Approval of General Assembly required to effectuatesection342.265. Compensation agreement -- Approval by administrative law judge -- Lump-sum payments -- Reopening as remedy for disagreement -- Abatement of application for resolutionsection342.267. Unfair claims settlement practices -- Penaltiessection342.270. Application for resolution of claim -- Joinder -- Assignment to administrative law judge -- Administrative regulations for procedures for resolution of claimssection342.275. Benefit review by administrative law judge -- Determination -- Procedures -- Deadlinesection342.276. Mediation programsection342.277. Alternative dispute resolutionsection342.280. Repealed, 1964section342.281. Petition for reconsideration -- Contents -- Response -- Decisionsection342.285. Appeal to Workers' Compensation Board -- Remanding claim to administrative law judgesection342.290. Review by Court of Appealssection342.295. Safekeeping, transporting and return of original record of boardsection342.300. Continuation of award pending appeal -- Suspensionsection342.305. Enforcement by Circuit Court of agreement, order, decision, or awardsection342.310. Assessment of cost of unreasonable proceedings -- Restitutionsection342.315. Medical evaluations by university medical schools and "B" readers -- Procedures -- Report -- Payment of costs -- Performance assessment of medical schools -- Use of telehealthsection342.316. Liability of employer and previous employers for occupational disease -- Claims procedure -- Administrative regulations -- Time limitations on claims -- Determination of liable employer -- Audit -- Amount of compensation -- Effect of concluded coal workers' pneumoconiosis claimsection342.317. Repealed, 1980section342.318. Application of provisions of KRS 342.316(4) to certain asbestos-related disease claimssection342.320. Approval of attorney's and physician's fees and hospital charges -- Limits on attorney's fees -- Payment of attorney fees -- Form indicating payment method selected -- Award by administrative law judge -- Fees for representing employerssection342.325. Questions not settled by agreement of parties determined by administrative law judgesection342.329. Division of Ombudsman and Workers' Compensation Specialist Services -- Functions -- Ombudsman program -- Toll-free telephone accesssection342.330. Repealed, 1976section342.335. Fraud and misrepresentation in filing or delaying the filing of claims and in receiving or providing services or benefits -- Penaltiessection342.340. Employer to insure or provide security against liability to workerssection342.342. Annual review of individual self-insurance administrative regulations -- Annual report on financial soundness of self -insurers and self-insurance groups -- Division of Security and Compliance expansionsection342.345. Certificate of individual self-insurance -- Revocation -- New certificate -- Effect of revocationsection342.347. Examination of finances of individual self-insureds -- Annual statement of financial condition -- Role of Department of Insurancesection342.350. Mutual insurance associations and reciprocal or interinsurance exchanges for compensation claims -- Reinsurance -- Self-insured groups -- Power to contract, sue, and be sued. (Effective until July 15, 2027)section342.352. Voluntary programs for integrated management of employer's worker compensation and group health insurance claims -- Twenty-four hour coveragesection342.355. Repealed, effective January 1, 1973section342.360. Agreements in policy as to notice -- Jurisdiction and liability of insurersection342.365. Policy to waive improper notice and be direct promise to employeesection342.370. Repealed, 1952section342.375. Policy to cover entire liability of employer -- Separate policy for specified plant or location may be authorizedsection342.380. Commissioner of Department of Insurance to approve policy -- Review -- Appealsection342.382. Report of workers' compensation experiencesection342.385. Repealed, 1946 and 1948section342.390. Employer's election to operate under chaptersection342.395. Employee deemed to have accepted provisions of chapter -- Employee's written notice of rejection -- Withdrawal of electionsection342.400. Notice of employee's rejection to be preservedsection342.402. Restraining or enjoining of operations of employersection342.405. Repealed, effective January 1, 1973section342.410. Repealed, effective January 1, 1973section342.415. Repealed, effective January 1, 1973section342.420. Employee not to pay premium for compensationsection342.425. Attorneys required to represent department, its employees, the board, or administrative law judgessection342.430. Blank forms to be furnished by commissionersection342.435. Commissioner's annual reportsection342.440. Repealed, effective January 4, 1988section342.445. Repealed, effective January 4, 1988section342.447. Insurance companies' payments of amounts collected for taxes and assessments of Kentucky Reinsurance Association or Department of Revenue mandatory -- Audits to ensure compliancesection342.450. Repealed, effective January 4, 1988section342.455. Repealed, effective January 4, 1988.section342.460. Withdrawal from business in Kentucky before special fund assessments and other taxes fall due or failure to pay tax -- Collection -- Attorney's feessection342.465. Persons not to act for unauthorized insurance company nor to make false statement or returnsection342.470. How notice may be given to insurance carriersection342.475. Repealed, effective January 4, 1988section342.480. Repealed, effective January 4, 1988section342.485. Repealed, 1972section342.490. Repealed, effective December 29, 1987section342.495. Repealed, 2010section342.500. Repealed, 2010section342.505. Repealed, 2010section342.510. Repealed, 2010section342.515. Repealed, 2010section342.520. Repealed, 2010section342.525. Repealed, 2010section342.530. Repealed, 2010section342.535. Repealed, 2010section342.540. Repealed, 2010section342.545. Repealed, 2010section342.550. Repealed, 2010section342.555. Repealed, 2010section342.610. Liability for compensation -- Contractor and subcontractor -- Limitation of liability if employee intended to kill or injure self or another -- Illegal substances -- Employer's intention to produce injury or death -- Builder's proof of coverage required for issuance of building permit -- Notice required to be posted by employerssection342.615. Repealed, 2022section342.620. Renumbered as KRS 342.0011section342.630. Coverage of employerssection342.640. Coverage of employeessection342.650. Exemptions of particular classes of employees from coveragesection342.660. Voluntary coveragesection342.670. Extraterritorial coveragesection342.680. Presumptions in the case of death or of physical or mental inability to testifysection342.690. Exclusiveness of liabilitysection342.700. Remedies when third party is legally liable -- Liability and indemnification rights of principal contractors, intermediates, and subcontractors -- Requirement of waiver of remedies for award of contract unlawfulsection342.710. Rehabilitation rights, duties, and procedures -- Acceleration of benefitssection342.715. Calculation of benefits during participation in vocational or physical rehabilitation programsection342.720. Repealed, 1996section342.730. Determination of income benefits for disability -- Survivors' rights -- Termination -- Offsets -- Notification of return to work -- Professional athletessection342.732. Income benefits and retraining incentive benefits for coal workers' pneumoconiosis -- Referral to Office of Vocational Rehabilitation -- Administrative regulations -- Online portalsection342.734. Mandated administrative regulations on medical servicessection342.735. Additional authority for administrative regulations on expediting payment of temporary total disability benefits, use of managed care, and expediting payment for and resolution of disputes concerning medical benefitssection342.740. Determination of average weekly wage -- Adjustment in weekly maximum and minimum income benefits for disabilitysection342.750. Income benefits for death -- Additional lump-sum payment for deaths occurring within four years of injurysection342.760. Uninsured employers' fundsection342.765. Administration of fund -- Transfer of reimbursement funds -- Reportssection342.770. Determination of employer's compliance -- Recording certificate constituting a lien in favor of uninsured employer's fundsection342.780. Joinder of uninsured employers' fundsection342.790. Award against noncomplying employer as a liquidated claim for damages - - Action by Attorney General for uninsured employers' fundsection342.792. Consideration, reopening, and filing of claims of miners who were last exposed to hazards on certain dates -- Benefitssection342.794. "B" reader listsection342.796. Notice of education and training opportunitiessection342.800. Repealed, 1994section342.801. Legislative findings and intentsection342.803. Kentucky Employers' Mutual Insurance Authoritysection342.805. Definitions for KRS 342.801 to 342.843section342.807. Board of directorssection342.809. Election of officers -- Quorum -- Compensation -- Ex officio members of boardsection342.811. Powers and duties of boardsection342.813. Manager -- Qualifications -- Powers and duties -- Bondsection342.815. Insurance coverage provisionssection342.817. Rating plans, rates, and underwriting standards for different classes of risks -- Competitive nature and filing requirement for rates -- Annual report on status of surplussection342.819. Dividendssection342.821. Quarterly reports of assets and liabilitiessection342.823. Discounting not to be used in determining solvency -- Authority's reports - - Annual statement of solvency -- Circumstances permitting contract audit with certified public accountant -- Discretionary levy and enforcement of assessmentssection342.825. Investmentssection342.827. Statistical and actuarial data to be maintainedsection342.829. Funding of authority -- Restrictions on use of fundssection342.831. Marketing and sales agents -- Commissionssection342.833. Workplace safety program for policyholders -- On-site examinationssection342.835. Board member, manager, or employee exempt from personal liability for official actssection342.837. Compliance with Executive Branch Code of Ethics -- Conflicts of interestsection342.839. Applicability of specified provisions of lawsection342.841. Applicability of open meetings and open records provisionssection342.843. Monitoring of operations of authority by Attorney General and Auditor of Public Accounts -- Report to General Assemblysection342.900. Legislative findings and declarationssection342.902. Definitions for KRS 342.900 to 342.912section342.904. Exemption of public-sector self-insured employers and self-insurance groupssection342.906. Guaranty funds -- Required participation -- Purpose -- Operating procedures -- Use of moneys -- Liability for actionssection342.908. Default or insolvency of fund member -- Assumption of obligations by fund -- Assessments to finance funds -- Limitation on income distributions -- Effect of payment on liability to fund for reimbursement -- Rules for special fund assessments for calendar years 2027 and 2028section342.910. Rights and responsibilities of funds as to payments made, due, or recoverablesection342.912. Annual audit -- Annual report -- Deadline for establishment -- Events causing fund's liability for payment of benefitssection342.920. Self-insurance fund for payments to workers' compensation claimants injured before March 1, 1997section342.990. Penalties -- Restitutionsection342.1201. Repealed, 1996section342.1202. Repealed, 1996section342.1221. Penalty and interest on late payment of assessments and expenses -- Waiversection342.1222. Refunds or credits on canceled or returned premiumssection342.1223. Kentucky Workers' Compensation Funding Commission -- Commission's relationship with Office of Financial Management within the Finance and Administration Cabinetsection342.1224. Board of directors of funding commissionsection342.1225. Annual audit of commission's financial statementssection342.1226. Special fund and funding commission to share books, records, documents and informationsection342.1227. Loan or transfer of funds of funding commission prohibitedsection342.1228. Funding commission exempt from reorganization powers of Governorsection342.1229. Benefit reserve fundsection342.1231. Payment for assessment, penalty and interest, and expenses -- Procedure for protesting special fund assessments -- Expenses of audits, how paid -- Mailing of assessment notice -- Documents relevant to reports and audits -- Notice and payment of refund -- Penalty for late paymentsection342.1232. Use of administrative savings from 1996 (1st Extra. Sess.) Ky. Acts ch. 1section342.1240. Legislative findings and declaration of intent regarding the Kentucky coal workers' pneumoconiosis fundsection342.1241. Repealed, 2017section342.1242. Kentucky coal workers' pneumoconiosis fund -- Liability for and manner of making payments for awards for coal workers' pneumoconiosis -- Assessments to finance fund -- When assessments cease -- Distribution of excess assessments to employers -- Reimbursement of funding commission by Kentucky Employers' Mutual Insurance Authoritysection342.1243. Transfer of the administration, assets, and liabilities of the Kentucky coal workers' pneumoconiosis fund -- Assessments on employers -- Abolition of fundsection342.7305. Compensability of occupational hearing loss -- Authority for administrative regulations -- Rebuttable presumption as to employer liability
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38914Fetched: 10/20/2026