Can I File Both a Personal Injury and a Workers’ Compensation Claim Following a Job-Related Accident in Kentucky?

Many people are injured in  accidents during  the course of doing their normal daily job. For this reason, just about all Kentucky employers are required to carry workers’ compensation insurance for their full- and part-time employees. Workers’ comp is a “no fault” system that provides medical and wage replacement benefits to the employee regardless of who was at-fault for the accident. This means that unlike a personal injury claim–where a plaintiff must prove the defendant’s negligence–an injured worker does not have to show their employer did anything wrong.

Of course, there is a catch. Workers’ compensation is a worker’s “exclusive remedy” under Kentucky law. In other words, as long as your employer complies with the rules for the workers’ compensation system, you cannot file a personal injury lawsuit against your employer based on your on-the-job accident. There are exceptions to this harsh rule, but in general this is the rule.

Now, this exclusive remedy rule typically does not apply to third parties. So let’s say you were injured in an auto accident while making a delivery for your employer. Your employer’s obligations are covered by workers’ comp. But you could still file a personal injury lawsuit against the negligent driver who caused your accident.

Kentucky Pizzeria Not Liable for Contract Delivery Driver’s Slip and Fall

But what if the injury occurred while you were actually completing a delivery to a regular customer? Could you file a personal injury lawsuit against that customer if its negligence caused or contributed to your accident? Here, the law gets more complicated.

Kentucky law recognizes something called “up-the-ladder” immunity. Basically, the exclusive remedy of workers’ compensation protects a contractor who hires a subcontractor to perform any work that is part of the contractor’s “customary, usual, or normal” business. So long as the subcontractor provides adequate workers’ compensation, its employee cannot bring a separate personal injury claim against the contractor.

Here is a real-world illustration of what all this means. In a recent case, Bowman v. DF Enterprises, LLC, a delivery driver, Hilary Bowman, sustained injuries in a slip-and-fall accident that occurred on the premises of a pizzeria in Corbin, Kentucky. Bowman’s employer, a Kentucky food service distributor, had a regular contract to deliver food supplies to the pizzeria.

Bowman received workers’ compensation benefits under his employer’s insurance. Bowman then filed a separate personal injury lawsuit against the pizzeria, alleging its negligence in maintaining the premises caused his slip and fall. Before a federal court, the pizzeria argued it was protected under Kentucky’s up-the-ladder immunity.

The court agreed and dismissed Bowman’s lawsuit. The judge explained that under these circumstances, Bowman’s employer was a “subcontractor” of the pizzeria. Specifically, the pizzeria contracted Bowman’s employer to deliver supplies that were essential to its business. As the judge noted, “A pizzeria requires ingredients to make pizza, just the same as a car manufacturer requires parts to build its cars and a retail store requires goods to sell.”

Contact a Madisonville Slip and Fall Injury Lawyer Today

Slip and fall injuries are common occurrences. But they can often raise uncommon legal issues that create barriers for victims seeking compensation for their injuries. Our Madisonville slip and fall attorneys can review your case and advise you of your options. Contact Whitfield Crosby & Flynn to schedule a consultation. We have offices in Madisonville, Kentucky; Chattanooga, Tennessee; and Indianapolis, Indiana.

Source:

scholar.google.com/scholar_case?case=9071553168263052333