KENTUCKY. ACTS OF 1916. CHAPTER 33.-Compensation for injuries to workmen. SECTION 1. This act shall apply to all employers having five or more employees regularly engaged in the same occupation or business and to their employees, except that it shall not apply to domestic employment, agriculture, steam railways, or such common carriers, other than steam railways, for which a rule of liability is provided by the laws of the United States. It shall affect the liability of the employers subject thereto to their employees for personal injuries sustained by the employee by accident arising out of and in the course of his employment or for death resulting from such accidental injury: Provided, however, That personal injury by accident as herein defined shall not include diseases except where the disease is the natural and direct result of a traumatic injury by accident, nor shall they include the results of a preexisting disease. Scope. Joint appli Any employers and employees who are, by the provisions of this section, excepted from the provisions of this act may subject cation. themselves thereto by joint voluntary application to the board, in writing, for such period as may be stated in the application, which shall be irrevocable during such period and effective thereafter until a written revocation be filed with the board or the employment be terminated. Public em. SEC. 2. The term “employer" as used in this act shall be construed to include municipal corporations and any political sub- ployments. division or corporation thereof, and any election with reference to this act shall be exercised by the lawmaking or other governing body thereof: Provided, however, That nothing contained in this act shall be construed as amending or repealing any statute or ordinance relating to associations or funds for the relief, pensioning, retirement, or other benefit of any employees of such municipal employer, or of the widows, children, or dependents of such employees, or as in any manner interfering with the same as now or hereafter established. Act exclu Intentional SEC. 3. Whereas at the time of the injury, both employer and employee have elected to furnish or accept compensation under sive. the provisions of this act for a personal injury, received by an employee by accident and arising out of and in the course of his employment, or for death resulting from such injury, within two years thereafter, the employer shall be liable to provide and pay compensation under the provisions of this act and shall be released from all other liability whatsoever: Provided, however, That if injury or death result to an employee through the delib- injuries. erate intention of his employer to produce such injury or death, the employee or his dependent as herein defined shall receive the amount provided in this act in a lump sum to be used, if they so desire to prosecute the employer, and said dependents shall be permitted to bring suit against said employer for any amount they may desire, that if injury or death results to an employee through the deliberate intention of his employer to produce such injury or death, the employee or his dependents as herein defined shall have the privilege to take under this act, or in lieu thereof, to have a cause of action at law against such employer as if this act had not been passed for such damages so sustained by the employee, his dependents or personal representatives as may be recoverable at law. If a suit is brought under this section, all right to compensation under the provisions of this act shall thereby be waived and void as to all persons, and if a claim is made for the payment of compensation or any other benefit provided by this act, all rights to sue the employer for damages on account of such injury or death shall thereby be waived and void as to all persons. Notwithstanding anything hereinbefore or hereafter contained no employee or dependent of any employee shall be entitled to receive compensation on account of any injury to or death of an employee caused by a willful self-inflicted injury, willful misconduct, or intoxication of such employee. SEC. 4. In addition to all other compensation herein provided, such medical, surgical, and hospital treatment, including nursing, medical, and surgical supplies and appliances as may reasonably be required at the time of the injury and thereafter during disability, but not exceeding 90 days unless the board shall, by order made within that time, otherwise direct, not exceeding a total expense to the employer of more than $100 on account of the benefits provided by this section, to cure and relieve from the effects of the injury shall be furnished by the employer, and, in case of his refusal or neglect reasonably to do so, the employer shall be liable for the reasonable expense, within the limits of this section, incurred by or on behalf of the employee in providing the same. In the event of an emergency, the employee shall have the right to call in any available physician or surgeon to administer such first aid as may be reasonably necessary at the expense of the employer within the limits of this section. SEC. 4a. In all claims for hernia resulting from injury received in the course of and resulting from the employee's employment, it must be definitely proved to the satisfaction of the board: First. That there was an injury resulting in hernia. Second. That the hernia appeared suddenly and immediately followed the injury. Fourth. That the hernia did not exist in any degree prior to the injury for which compensation is claimed. In all such cases where liability for compensation exists, the employer shall provide competent surgical treatment by radical operation, the limits of benefits payable under section 4 hereof being increased to $200 in such cases, if the operation is performed. In case the injured employee refuses to submit to the operation, the employer shall have the right to a medical examination as provided in section 37 hereof. If it be shown by such examination that the employee has any chronic disease or is otherwise in such physical condition as to render it more than ordinarily unsafe to submit to such operation, he shall, if unwilling to submit to the operation, be entitled to compensation for disability under the general provisions of this act. If the examination does not disclose the existence of disease or other physical condition rendering the operation more than ordinarily unsafe and the employee, with knowledge of the result of such examination, thereafter refuses to submit to such operation, he shall be entitled to compensation for disability under the general provisions of this act for not exceeding one year. If the employee submits to the operation he shall, in addition to the surgical benefits herein provided for, be entitled to compensation for 26 weeks. If the hernia result in death within one year after it is sustained, or the operation result in death, such death shall be deemed a result of the injury causing such hernia and compensated accordingly under the provisions of this act. This paragraph shall not apply where the employee has refused to submit to an operation which has been found by the examination herein provided for not to be more than ordinarily unsafe. SEC. 5. If it be shown that the employer is furnishing the requirements provided by section 4 hereof in such manner that there is reasonable ground for believing that the life, health, or recovery of the employee is being endangered or impaired thereby, the board may order a change in the physician or other requirement, and if the employer fail promptly to comply with such order after receiving it, may permit the employee or some one for him to provide the same at the expense of the employer under such reasonable regulations as may be provided by the board. No action shall be brought against any employer subject to this act by any employee or other person to recover damages for malpractice or improper treatment received by such employee from any physician, hospital, or attendant thereof. SEC. 6. All fees and charges under sections 4 and 5 shall be fair, Medical, etc., fees and and reasonable, shall be subject to regulation by the board, and charges. shall be limited to such charges as are reasonable for similar treatment of injured persons of a like standard of living in the same community and where such treatment is paid for by the injured person himself. In determining what fees are reasonable, the board may also consider the increased security of payment afforded by this act. Where such requirements are furnished by a public hospital or other institution, payment thereof shall be made to the proper authorities conducting same. No compensation shall be payable for the death or disability of an employee if his death is caused, or if and in so far as his disability may be aggravated, caused, or continued by an unreasonable refusal, failure, or neglect to submit Refusing to or follow any competent surgical treatment or medical aid or treatment. advice. SEC. 7. Except as provided in sections 4 and 5 hereof, no com- Waiting time. pensation shall be payable for the first two weeks of disability, and all compensation shall be payable on the regular pay day of the employer, commencing with the first regular pay day after two weeks after the injury, with interest at the rate of 6 per cent per annum on each installment from the time it is due until paid. Work outside SEC. 8. Employers who hire employees within this State to work in whole or in part without this State may agree in writing with State. such employees to exempt from the operation of this act injuries received outside of this State; in the absence of such an agreement the remedies provided by this act shall be exclusive as regards injuries received outside this State upon the same terms and conditions as if received within the State. SEC. 8a. No contract or agreement, written or implied, no rule, regulation, or other device shall in any manner operate to relieve any employer in whole or in part of any obligation created by this act except as herein provided. Waivers. Liability of SEC. 9. Whenever an injury for which compensation is payable under this act shall have been sustained under circumstances third parties. creating in some other person than the employer a legal liability to pay damages in respect thereto, the injured employee may at his option either claim compensation or proceed at law by civil action against such other person to recover damages, or proceed both against the employer for compensation and such other person to recover damages, but he shall not collect from both, and if compensation is awarded under this act the employer having paid the compensation or having become liable therefor shall have the right to recover in his own name or that of the injured employee from the other person in whom legal liability for damages exists not to exceed the indemnity paid and payable to the injured employee. Employees of SEC. 10. A principal contractor, intermediate, or subcontractor shall be liable for compensation to any employee injured while in contractors. the employ of any one in [of] his intermediate or subcontractors and engaged upon the subject matter of the contract, to the same extent as the immediate employer. Any principal, intermediate, or subcontractor who shall pay compensation under the foregoing provision may recover the amount paid from any subordinate con Status minors. of Compensation for death. tractor through whom he may have been rendered liable under this section. Every claim to compensation under this section shall in the first instance be presented to and instituted against the immediate employer, but such proceeding shall not constitute a waiver of the employee's rights to recover compensation under this act from the principal or intermediate contractor: Provided, That the collection of full compensation from one employer shall bar recovery by the employee against any others, nor shall he collect from all a total compensation in excess of the amount for which his immediate employer is liable. This section shall apply only in cases where the injury occurred on, in, or about the premises on which the principal contractor has undertaken to execute work or which are under his control otherwise or management. SEC. 11. A minor, except where employed in willful violation of any law of this State regulating the employment of minors, shall be deemed sui juris for the purposes of this act, and no other person shall have cause of action or right to compensation for an injury to or death of such minor employee or loss of service on account thereof, by reason of the minority of such employee. In the event of the award of a lump sum of compensation to such minor employee, payment shall be made to the guardian of such minor. SEC. 12. If death results within two years from an accident for which compensation is payable under this act, the employer or his insurer shall pay to the persons entitled to compensation, or, if Funerai ex-none, then to the personal representative of the deceased employee reasonable burial expenses of a person of the standard of living of the deceased, not to exceed the sum of $75, and shall also pay to or for the following persons compensation as follows, to wit: penses. No ents. depend Persons ent. (1) If there are no dependents, as herein defined, there shall be paid, in addition to the burial expenses and medical expenses, if any otherwise provided for herein, the further sum of $100, payment to be made to the personal representative of the deceased employee. (2) If there are one or more wholly dependent persons, 65 per wholly depend- cent of the average weekly earnings of the deceased employee, but not to exceed $12 nor less than $5 per week, shall be payable, all such payments to be made for the period between the date of death and 335 weeks after the date of accident to the employee, or until the intervening termination of dependency, but in no case to exceed the maximum sum of $4,000. (3) If there are partly dependent persons, the payments shall be such part of what would be payable for total dependency as the partial dependency existing at the time of the accident to the employee may be proportionate to total dependency, all such payments to be made for the period between the date of death and 335 weeks after the date of the accident to the deceased employee or until the intervening termination of dependency, but in no case to exceed in the aggregate of compensation on account of such death the maximum sum of $4,000. Partial dependency shall be determined by the proportion of the earnings of the employee which have been contributed to such partial dependent during one year next preceding the date of injury; if the relation of partial dependency shall not have existed for one year next preceding the date of injury, the board shall consider all the facts and circumstances and fix such proportion as may be fair and reasonable thereunder. (4) All relations of dependency herein referred to shall be construed to mean dependency existing at the time of accident to the employee. SEC. 13. The following persons shall be presumed to be wholly dependent upon a deceased employee: (a) A wife upon a husband whom she has not voluntarily abandoned at the time of the accident; (b) a husband incapacitated from wage earning, upon a wife whom he has not voluntarily abandoned at the time of the SEC. 14. As used in this act, the term "child" includes stepchildren, legally adopted children, posthumous children, and recognized illegitimate children, but does not include married children unless actually dependent. The terms "brother" and "sister" include stepbrothers, stepsisters, and brothers and sisters of the half blood or by adoption, but excludes married brothers or sisters unless actually dependent. The term "grandchild" includes children of adopted children and children of stepchildren, but excludes stepchildren of children or of adopted children and married children. The term "parent" includes step-parents and parents by adoption. The words “adopted” and “adoption" as herein used include cases where the persons are legally adopted. Cessation of Definitions. Payments a SEC. 15. Payment of death benefits, in good faith, to a supposed dependent or to a dependent subsequent in right to another or release. other dependents shall protect and discharge the employer and insurer unless and until the lawful dependent or dependents prior in right shall have given the employer or insurer written notice of his or their claim. In case the employer or insurer is in doubt as to who are dependents or as to their respective rights, the board shall, on application, decide and direct to whom payment shall be made, and payment made under such direction shall release the employer and insurer from all liability: Provided, howcrer. That if an appeal be taken from the order of the board directing payment, persons receiving payment under such order shall be required to furnish bond for the protection of adverse claimants pending the outcome of the proceedings. In case death occurs as a result of the injury, after a period of total or partial disability, the period of disability shall be deducted from the total period of compensation and the benefits paid thereunder from the maximum allowed for the death respectively stated in section 12 hereof. SEC. 16. Where the injury causes total disability for work, the employer, during such disability, except the first two weeks thereof, shall pay the employee so injured a weekly compensation equal to 65 per cent of his average weekly earnings, not to exceed $12 nor less than $5 per week, such payments to be made during the period of total disability but not longer than eight years after the date of the injury, nor in any case to exceed the maximum sum of $5,000. In case the period of total disability begins after the period of partial disability, the period of partial disability shall be deducted from the total period of eight years during which compensation for total disability may be payable, and the payments made on account of such partial disability shall be deducted from the maximum of $5,000. Total disa bility. |