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Injuries or illnesses are typically
covered only when they "arise out of and in the course
of employment." There needs to be a connection between
the accident that caused the injury/illness and the
scope of your employment duties. Examples of compensable
injuries are those caused by the lifting heavy
equipment, slipping on a wet or oily surface, defective
machinery, or fires or explosions.
Kentucky workers' compensation
programs preclude coverage for injuries not incurred
within the scope of your employment. For example,
suppose the injury is incurred at a social function on
your day off, the injury is probably not a covered
injury. Examine the situation closely , if you were
injured while playing softball at a company sponsored
picnic there may be coverage.
Illnesses which "arise out of and in the course of
employment" can be covered under the workers'
compensation system where the working conditions present
unusual or extraordinary risks of contracting an
illness. An example may be a coal miner recovering
compensation for black lung disease or computer keyboard
operators who develops carpal tunnel syndrome are a
couple of common examples of long time exposure or
repetitive injury that may be covered. |
Careful inquiry into the hazards
arising out of the scope of your employment can
determine whether the illness is one that is common to
everyday life as opposed to risk of illness that are
present in your particular employment situation.
THE "COMING AND GOING" RULE
Kentucky workers' compensation systems preclude
coverage for injuries sustained while an employee is
commuting to and from work (hence the name "coming and
going"). There are many exceptions to this rule. Inquiry
as to whether the "coming and going" rule applies to
your particular situation should be made before simply
ruling out the possibility of coverage for an accident
which occurred during your commute to or from work. |