(1) If an accident is caused in any degree by the intent ional failure of the employer to comply with any specific statute or lawful administrative regulation made thereunder, communicated to the employer and relative to installation or maintenance of safety appliances or methods, the compensation for which the employer would otherwise have been liable under this chapter shall be increased thirty percent (30%) in the amount of each payment. If an accident is caused in any degree by the intentional failure of the employee to use any safety appliance furnished by t he employer or to obey any lawful and reasonable order or administrative regulation of the commissioner or the employer for the safety of employees or the public, the compensation for which the employer would otherwise have been liable under this chapter s hall be decreased fifteen percent (15%) in the amount of each payment. (2) No compensation shall be payable for work -related injuries if the employee at the time of entering the employment of the employer by whom compensation would otherwise be payable fal sely represents, in writing, his or her physical condition or medical history, if all of the following factors are present: (a) The employee has knowingly and willfully made a false representation as to his or her physical condition or medical history; (b) The employer has relied upon the false representation, and this reliance was a substantial factor in the hiring; and (c) There is a causal connection between the false representation and the injury for which compensation has been claimed.
‹ Prev All Kentucky sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.