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Do you have to carry workers' compensation coverage?

Like all employers in Lexington, you no doubt want what is best for your employees. Ultimately, that may be staying in a position to be able to provide them with the salaries they use to support themselves. Depending on the size and nature of your business, accomplishing that may mean forgoing certain operational expenses such as workers' compensation coverage. Yet what happens if and when one of your employees is hurt on the job? They may come to you saying that you are required by law to carry workers' compensation coverage. Are they right? 

In certain cases, yes. Kentucky state law does indeed specify that anyone employing one or more employees must have workers' compensation protection. What many do not know, however, is that certain employees are exempt from this law. For example, if you work in farming or agriculture, and you hire hands to come out and assist you, you are not required to carry workers' compensation insurance. The same is true in any of the following situations: 

  • When you have one domestic servant working more than 40 hours per week in your home
  • When you hire someone on a part-time or seasonal basis (less than 20 consecutive days) to perform repair, maintenance and remodeling work in your home or place of business
  • When your organization (as a religious or charitable group) provides sustenance to an employee in exchange for services
  • When you organize participants in a local volunteer carpool/vanpool group

Benefits such as workers' compensation help to attract and retain employees. Yet if carrying it is not feasible (or legally required) for your particular business model, you are free to explore other methods to help protect your employees' health and safety. 

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