Workmen's Compensation Law of the State of Kentucky Reprinted, May, 1916 Copyright, 1916, by New York Digest of the Kentucky Workmen's TITLE, ETC. Senate Bill No. 40, Laws of 1916; approved March 23, 1916. Administrative provisions effective April 1, 1916; liability provisions effective August I, 1916 (§81). SYSTEM PROVIDED FOR Compensation, elective (§3), with insurance or security (§§ 63, 84-100). Administered by Workmen's Compensation Board of three members, one for each of three districts into which State is divided (§§ 39-45). HOW ELECTED Employer elects by filing written notice, in prescribed form, with the Board (873). Employee elects by signing prescribed form of notice to be filed with employer (§ 74). In case of employments not subject to the Act, employer and employees may elect to come under the Act by joint application to the Board, for period stated in application (§ 1). HOW ELECTION CHANGED Employer may change his election by filing written notice with the Board, by personal written notice to employees or posting same at place of business for at least a week. Employee may change election by filing with employer written notice of withdrawal, specifying date on which effective (§76). As to employments not subject to the Act, acceptance is binding for period stated in application and until written revocation is filed with the Board (§ 1). ALTERNATIVE LIABILITY If employer does not elect to come under the Act, he is liable to injured employee for damages, with the defenses of contributory negligence, fellow servant's fault and assumption of risk abrogated (§ 76a). If employer elects to come under the Act and the employee does not, such defenses are available in case of action by employee (§ 76b). All, including municipal corporations, in which five or more are regularly employed, except domestic service, farm labor, steam railways and The headings of this Digest conform in substance and order with those of the "Digest of Workmen's Compensation Laws in the United States and Territories" (compiled by F. Robertson Jones and published by the Workmen's Compensation Publicity Bureau, 80 Maiden Lane, New York City)-so that the former supplements the latter. 342942 common carriers other than steam railways which are subject to a Federal liability law (§§ 1-2). Excepted employments may be brought under the Act by joint application of employer and employee (§ 1). EMPLOYMENT IN INTERSTATE COMMERCE The Act does not extend to steam railways or to common carriers other than steam railways for which a rule of liability is provided by Federal law (§ 1). INJURIES COVERED Personal injuries by accident arising out of and in the course of employment, unless wilfully self-inflicted or caused by wilful misconduct or intoxication. Not to include disease except where it is the natural and direct result of a traumatic injury by accident, nor the results of a pre-existing disease (§§ 1, 3). Special restrictions governing injuries producing hernia (§ 4a). NOTICE OF INJURY AND CLAIM FOR COMPENSATION Written notice, with certain particulars, must be given to employer as soon as practicable after accident. Defect in notice does not invalidate claim unless employer was misled to his injury. Want of notice or delay in giving same does not bar claim if occasioned by mistake or other reasonable cause, or if employer had knowledge of injury. Claim must be made within a year after accident, death or suspension of payments (§§ 23, 33-36). WAITING PERIOD No compensation is payable for first two weeks of disability. Compensation begins on first regular pay day after expiration of two weeks' period (§7). MEDICAL AND SURGICAL AID Employer must furnish medical, surgical or hospital treatment, etc., as reasonably required during 90 days after injury, unless Board otherwise directs within that time; maximum $100. In case of operation for hernia, maximum liability is raised to $200, and employee is entitled to 26 weeks' compensation in addition. Board may under certain circumstances require a change of physician. Charges for treatment are limited to those prevailing in the community, and are subject to regulation by the Board. Employee who unreasonably refuses to submit to treatment forfeits compensation (§§ 4-6). COMPENSATION FOR TOTAL DISABILITY 65 per cent of average weekly earnings, maximum $12, minimum $5, weekly, maximum period eight years, maximum amount $5,000, including partial disability payments, if any. Certain severe injuries deemed to constitute permanent total disability (§ 16). COMPENSATION FOR PARTIAL DISABILITY 65 per cent of loss of earning power, maximum $12 weekly, maximum period 335 weeks, including period of total disability payments, if any. Special schedule of compensation for loss of certain members, etc. Employee's refusal to accept suitable employment during partial disability, unless justified, forfeits compensation for period of refusal (§§ 17-19). COMPENSATION FOR DEATH If death results from accident within two years, in all cases, reasonable burial expenses, maximum $75. In addition, to total dependents, 65 per cent of average weekly earnings, maximum amount $4,000, maximum period 335 weeks, including period of disability payments, if any. To partial dependents, payments based on foregoing schedule and proportioned to measure of dependency, maximum amount and period same as above. Compensation to cease upon death or marriage of dependent. If no dependents, $100 to personal representative of deceased (§§ 12, 15). EFFECT OF PREVIOUS DISABILITY If previously injured employee sustains subsequent injury resulting in a condition to which both injuries contribute, employer in whose employment the later injury is received is liable for compensation based on such resulting condition, less amount payable for prior injury (§ 20). AVERAGE WAGES-HOW COMPUTED Average weekly wages to be based on earnings while working at full time. If employee at the time of injury is employed at higher wages than earlier in the year (unless such employment is seasonal), only such higher wages to be considered in computing average weekly earnings (§ 24). WHO ARE DEPENDENTS Certain persons presumed to be wholly dependent; in other cases, dependency to be determined in accordance with facts at time of accident. Dependents are limited to parents, spouse, father-in-law, mother-in-law, grandparents, child, grandchild, brother, sister, or one living in household of employee at time of accident. Partial dependency may be determined by proportion of employee's earnings contributed to dependent during year preceding injury; otherwise Board may fix degree of dependency. Payment of death benefits to supposed dependent or to one subsequent in right releases employer in absence of written notice of prior claim (§§ 12-15). NON-RESIDENT ALIENS Non-resident alien dependents are excluded from benefits of the Act, except widows and children, who are entitled to one-half the amount provided for residents; and employer may at any time commute such payments to the then value thereof (§ 22). |