Kentucky 2022 Regular Session

Kentucky Senate Bill SB303

Introduced
3/2/22  
Refer
3/2/22  

Caption

AN ACT relating to workers' compensation.

Impact

The provisions of SB303 would implement significant changes in the workers' compensation framework, affecting both the responsibilities of employers and the rights of employees. By affirming that an employer's liability is tied to their fault, the bill aims to provide a clearer structure for claims. However, it allows for defenses against claims made by intoxicated employees, which critics suggest could complicate cases where substance abuse is involved. Furthermore, the stipulations concerning subcontractors ensure that liability remains localized, which may enhance the protection of subcontracted workers, fostering a more transparent and responsible subcontracting environment. This could lead to a more equitable distribution of workers' compensation responsibilities among contractors and subcontractors.

Summary

SB303, an act relating to workers' compensation, addresses the liability of employers towards employees who suffer injuries, occupational diseases, or death during their employment. The bill emphasizes that employers are responsible for compensating employees regardless of fault. It establishes important provisions regarding the conditions under which employees may be denied compensation, particularly if they willfully intended harm to themselves or others, or if they were under the influence of illegal or non-prescribed substances at the time of their injury. Additionally, the bill clarifies the obligations of subcontractors regarding workers' compensation coverage, ensuring that contractors remain liable for the compensation of subcontractors' employees unless otherwise secured by the subcontractor's insurance.

Sentiment

The overall sentiment surrounding SB303 is mixed. Proponents argue that the bill modernizes the workers' compensation laws, providing more clarity and fairness in liability determinations. They assert that it protects both employers and employees by delineating responsibilities and conditions for coverage. Conversely, opponents express concern that the bill could enable employers to evade responsibility in cases involving intoxication, potentially leaving employees unprotected. The debate touches on broader themes of worker rights and employer responsibilities, highlighting the delicate balance that needs to be achieved in the workers' compensation landscape.

Contention

One notable point of contention in the discussions surrounding SB303 is the provision that allows for defenses based on employee intoxication. Critics argue that this could lead to unjust outcomes where legitimate injury claims are dismissed unfairly, particularly in industries where substance use is prevalent. Additionally, the clause that allows employees to sue their employers for intentional harm raises questions about the extent of liability and the potential burdens it creates for employers. The controversy also includes discussions about how the bill aligns with existing state laws on workers' compensation and the implications for both employees and employers in practical scenarios.

Companion Bills

No companion bills found.

Similar Bills

CA AB3336

Third-party food delivery platforms: food safety.

CA SB1065

Primary drinking water standards: hexavalent chromium: compliance plan.

CA SB250

Controlled substances: punishment.

CA AB2783

Controlled substances: hydrocodone combination products: schedules.

HI SB132

Relating To Alcohol And Substance Abuse.

HI SB132

Relating To Alcohol And Substance Abuse.

LA SB61

Authorizes the secretary of the Department of Health and Hospitals to issue stop order rules on certain dangerous substances. (8/1/12)

MA H2227

Replacing archaic and stigmatizing language for substance use