Kentucky Statutes 342.640 – Coverage of employees
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The following shall constitute employees subject to the provisions of this chapter, except as exempted under KRS § 342.650:
(1) Every person, including a minor, whether lawfully or unlawfully employed, in the service of an employer under any contract of hire or apprenticeship, express or implied, and all helpers and assistants of employees, whether paid by the employer or employee, if employed with the knowledge, actual or constructive, of the employer;
(2) Every executive officer of a corporation;
(3) Every person in the service of the state or any of its political subdivisions or agencies, or of any county, city of any class, school district, drainage district, tax district, public or quasipublic corporation, or other political entity, under any contract of hire, express or implied, and every official or officer of those entities, whether elected or appointed, while performing his official duties shall be considered an employee of the state. Every person who is a member of a volunteer ambulance service, fire, or police department shall be deemed, for the purposes of this chapter, to be in the employment of the political subdivision of the state where the department is organized. Every person who is a regularly-enrolled volunteer member or trainee of an emergency management agency, as established under KRS Chapters 39A to 39E, shall be deemed, for the purposes of this chapter, to be in the employment of this state. Every person who is a member of the Kentucky National Guard, while the person is on state active duty as defined in KRS § 38.010(4), shall be deemed, for the purposes of this chapter, to be in the employment of this state; and
(4) Every person performing service in the course of the trade, business, profession, or occupation of an employer at the time of the injury.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 23, sec. 1, effective July 15, 2014. — Amended
1998 Ky. Acts ch. 226, sec. 110, effective July 15, 1998. — Amended 1996 (1st
Extra. Sess.) Ky. Acts ch. 1, sec. 28, effective December 12, 1996. — Amended 1992
Ky. Acts ch. 307, sec. 11, effective April 9, 1992. — Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 52, effective October 26, 1987. — Amended 1986 Ky. Acts ch.
271, sec. 1, effective July 15, 1986. — Amended 1976 Ky. Acts ch. 161, sec. 3. — Created 1972 Ky. Acts ch. 78, sec. 4, effective January 1, 1973.
Legislative Research Commission Note (12/12/96). 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 28 stated that it was amending this statute, but the proposed changes to the statute were eliminated by legislative action on this Act although the statute itself was not deleted from the bill.
(1) Every person, including a minor, whether lawfully or unlawfully employed, in the service of an employer under any contract of hire or apprenticeship, express or implied, and all helpers and assistants of employees, whether paid by the employer or employee, if employed with the knowledge, actual or constructive, of the employer;
Terms Used In Kentucky Statutes 342.640
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- City: includes town. See Kentucky Statutes 446.010
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Department: means the Department of Workers' Claims in the Education and
Labor Cabinet. See Kentucky Statutes 342.0011 - Injury: when used generally, unless the context indicates otherwise, shall include an occupational disease and damage to a prosthetic appliance, but shall not include a psychological, psychiatric, or stress-related change in the human organism, unless it is a direct result of a physical injury. See Kentucky Statutes 342.0011
- Person: means any individual, partnership, limited partnership, limited liability company, firm, association, trust, joint venture, corporation, or legal representative thereof. See Kentucky Statutes 342.0011
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
(2) Every executive officer of a corporation;
(3) Every person in the service of the state or any of its political subdivisions or agencies, or of any county, city of any class, school district, drainage district, tax district, public or quasipublic corporation, or other political entity, under any contract of hire, express or implied, and every official or officer of those entities, whether elected or appointed, while performing his official duties shall be considered an employee of the state. Every person who is a member of a volunteer ambulance service, fire, or police department shall be deemed, for the purposes of this chapter, to be in the employment of the political subdivision of the state where the department is organized. Every person who is a regularly-enrolled volunteer member or trainee of an emergency management agency, as established under KRS Chapters 39A to 39E, shall be deemed, for the purposes of this chapter, to be in the employment of this state. Every person who is a member of the Kentucky National Guard, while the person is on state active duty as defined in KRS § 38.010(4), shall be deemed, for the purposes of this chapter, to be in the employment of this state; and
(4) Every person performing service in the course of the trade, business, profession, or occupation of an employer at the time of the injury.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 23, sec. 1, effective July 15, 2014. — Amended
1998 Ky. Acts ch. 226, sec. 110, effective July 15, 1998. — Amended 1996 (1st
Extra. Sess.) Ky. Acts ch. 1, sec. 28, effective December 12, 1996. — Amended 1992
Ky. Acts ch. 307, sec. 11, effective April 9, 1992. — Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 52, effective October 26, 1987. — Amended 1986 Ky. Acts ch.
271, sec. 1, effective July 15, 1986. — Amended 1976 Ky. Acts ch. 161, sec. 3. — Created 1972 Ky. Acts ch. 78, sec. 4, effective January 1, 1973.
Legislative Research Commission Note (12/12/96). 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 28 stated that it was amending this statute, but the proposed changes to the statute were eliminated by legislative action on this Act although the statute itself was not deleted from the bill.