Construction Site Injuries in Kentucky
Whether an injured construction worker in Kentucky can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Kentucky's workers' compensation law sets the general rule for construction injuries. An injured construction worker whose employer carries workers' compensation generally must take compensation in place of suing the employer, and a general contractor is treated as the employer of a… KRS 342.690(1); KRS 342.700(1)
| Construction site injuries | Kentucky's workers' compensation law sets the general rule for construction injuries. An injured construction worker whose employer carries workers' compensation generally must take compensation in place of suing the employer, and a general contractor is treated as the employer of a subcontractor's workers for this purpose. The worker may also sue a third party (someone other than the employer) whose negligence caused the injury, but cannot collect from both, and must give timely notice of the suit to the employer. KRS 342.700: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47624 . No absence claim is made about a scaffold statute; only the workers' compensation chapter was reviewed for this field. Source: KRS 342.690(1); KRS 342.700(1) |
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| Fault rule (comparative negligence) | Kentucky uses comparative fault. In tort cases involving fault of more than one party, the jury (or judge) finds the total damages and the percentage of fault of each party, including the injured person, and the award is set according to those percentages. The statute does not bar recovery when the injured person is partly at fault, which is generally described as pure comparative fault. Source: KRS 411.182 |
| Deadline to sue for an injury | In general, a lawsuit for an injury to the person must be filed within one year after the cause of action accrued. For injuries from a motor vehicle accident covered by Kentucky's Motor Vehicle Reparations Act, a tort lawsuit may be filed within two years after the injury, the death, or the date of the last no-fault (basic or added reparation) benefit payment, whichever is later. Motor vehicle rule: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45816 |
More Kentucky personal injury & wrongful death
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FAQ
Can you sue for a construction accident in Kentucky?
Kentucky's workers' compensation law sets the general rule for construction injuries. An injured construction worker whose employer carries workers' compensation generally must take compensation in place of suing the employer, and a general contractor is treated as the employer of a subcontractor's workers for this purpose. The worker may also sue a third party (someone other than the employer) whose negligence caused the injury, but cannot collect from both, and must give timely notice of the suit to the employer.
Can you recover damages if you were partly at fault in Kentucky?
Kentucky uses comparative fault. In tort cases involving fault of more than one party, the jury (or judge) finds the total damages and the percentage of fault of each party, including the injured person, and the award is set according to those percentages. The statute does not bar recovery when the injured person is partly at fault, which is generally described as pure comparative fault.
What is the statute of limitations for personal injury in Kentucky?
In general, a lawsuit for an injury to the person must be filed within one year after the cause of action accrued. For injuries from a motor vehicle accident covered by Kentucky's Motor Vehicle Reparations Act, a tort lawsuit may be filed within two years after the injury, the death, or the date of the last no-fault (basic or added reparation) benefit payment, whichever is later.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.