Are agriculture exempt from workers comp in kentucky

Currently, 15 states do not provide any workers’ comp benefits to agricultural employees; Alabama, Arkansas, Delaware, Georgia, Indiana, Kansas, Kentucky, Mississippi, Missouri, Nebraska, Nevada, North Dakota, South Carolina, Tennessee, and Texas.Sep 1, 2021

Are you eligible for new agriculture exemption numbers in Kentucky?

FRANKFORT, Ky. (March 3, 2022) — The Kentucky Department of Revenue (DOR) is now accepting applications from eligible farmers for new agriculture exemption numbers designed to protect the sales and use tax exclusions available to the agricultural community.

Are AG employers exempt from workers’ compensation in Kansas?

In Kansas, employers engaged in an “agricultural pursuit” are exempt from the workers’ compensation system. However, feedlots, sale barns, grain elevators and feed mills are not exempt. But, even if an ag employer is exempt, the employer can elect to be covered by the workers’ compensation system and purchase workers’ compensation insurance.

When are agricultural workers exempt from workers’ compensation?

But, if the employer’s primary business is agricultural, the workers are exempt from workers’ compensation regardless of the nature of their specific jobs. In unclear situations, the courts examine the nature of the employer’s business, and generally do not find the labor to be agricultural unless the employer’s business is agricultural as well.

Are feedlots exempt from workers comp in Kansas?

Kansas. In Kansas, employers engaged in an “agricultural pursuit” are exempt from the workers’ compensation system. However, feedlots, sale barns, grain elevators and feed mills are not exempt.

Does Kentucky require workers comp insurance?

When is workers’ compensation insurance required? Employers with one or more workers are required to maintain coverage. There are no exceptions for family member employees, temporary, or part time employees. Out-of-state employers performing any work in this state are required to have Kentucky coverage.

What does workers comp cover in Kentucky?

Types of Workers’ Compensation Benefits in Kentucky. Workers’ comp benefits available in Kentucky include medical costs, temporary disability for time off work, and permanent disability payments if the worker has permanent or lingering impairments.

Do 1099 employees need workers comp in Kentucky?

“True” independent contractors are not covered under workers’ compensation laws in Kentucky. Therefore, they would not be able to pursue these benefits. Some employers may classify an employer as an independent contractor to get out of paying taxes.

How is workers comp calculated in Kentucky?

These benefits are calculated as two-thirds of the average weekly wage you were receiving at the time you were injured or became ill because of your work, subject to maximum and minimum amounts that change annually, depending on the date of your injury.

Can a company fire you while on workers comp in Kentucky?

The retaliatory discharge law does not mean that a worker cannot be fired while pursuing or receiving workers’ compensation benefits. Instead, the law means that a worker cannot be terminated because he or she is pursuing or receiving workers’ compensation.

Can you sue your employer in KY?

Can I sue my employer or a third party for my injuries? Under Kentucky law, you can usually only recover workers’ compensation benefits from your employer. Sometimes this requires a workers’ compensation lawsuit.

What happens if a 1099 employee gets hurt on the job?

Independent contractors still have a remedy if they’re injured at work. As with any injured party, the independent contractor can file a personal injury lawsuit against the company or other third parties for negligence.

How many hours can a 1099 employee work?

There are no hour laws for freelancers. If a contractor works over 40 hours weekly, that’s the contractor’s concern rather than that of the business owner.

What qualifies as a 1099 employee?

A 1099 worker is one that is not considered an “employee.” Rather, this type of worker is usually referred to as a freelancer, independent contractor or other self-employed worker that completes particular jobs or assignments. Since they’re not deemed employees, you don’t pay them wages or a salary.

Is workers Comp taxable in Kentucky?

In short, the answer is “no”. Workers compensation benefits are not considered taxable income.

How long can you draw Workmans Comp in Kentucky?

Time Limits for Filing KY Workers’ Comp Claims Claims must be filed within three years of a diagnosis or after symptoms first appear, whichever is earlier. The maximum period to file occupational disease claims is five years after the employee was last exposed to the cause of the disease.

What is the disability payment in Kentucky?

Approximately 950,000 Kentucky residents receive some form of Social Security benefits. The average monthly benefits that a disabled worker in Kentucky receives are $805 for a single person and $1,200 for a disabled worker who is married and has 1 or 2 children.


Claimant dislocated her foot when fell as she was getting out of a truck on the employer’s property. She was immediately taken to the hospital where her foot was set, and surgery was performed less than a week later.

Definition of Agriculture Was Intentionally Board

The Court stressed, however, that the definition of agriculture was intentionally broad. It was necessary to look at the “whole character” of an individual’s employment to determine whether the person was employed in agriculture.

What is workers comp in Kentucky?

Workers compensation in the state of Kentucky is a state-mandated , “no-fault” insurance system that pays benefits to workers injured on the job. It is managed by Kentucky’s Department of Workers’ Claims. Any employer who has at least one employee must acquire this coverage before the employee’s first day of work. In return for carrying a workers’ comp policy, employers receive immunity from civil lawsuits filed by employees over workplace injuries.

Is a paycheck an independent contractor?

Generally, if you are drawing a paycheck from an employer, you are either an employee or an independent contractor. Figuring out which category you fall under is more an art than a science.

How much do you have to pay for Kentucky unemployment in 2020?

For 2020, an employer must pay SUTA on the first $10,800 of annual wages per employee. The state rate varies by employer and may change from year to year.

What is the Kentucky withholding tax form?

While all Kentucky employees are subject to a flat 5% tax, each employee may still want to complete the Kentucky Withholding Form (K-4). An employee may use this form to document a request for an exemption from withholding. They may also use this form to request additional withholding in excess of the 5% flat rate.

How much unemployment do you have to pay in agriculture?

An Agricultural Employer is required to make unemployment payments if one of the following conditions are met: Paid at least $20, 000 in gross wages in a single calendar quarter. This is a requirement regardless of how much wages you pay the rest of the year, or.

When a farmer decides to hire an employee, what are the steps?

When a farmer decides to hire an employee, there are several steps they need to take to make sure all of the payroll requirements are met. The farmer should first determine if they are hiring an employee or if they are hiring contract labor. The employer has full control over how and when the work is done for an employee, …

When do you have to send W-2 to Kentucky?

W-2 Requirements. The employer must complete a W-2 for all employees and mail it to them by January 31 of the following year. All W-2s must also be submitted to the Social Security Administration and the Kentucky Revenue Cabinet by January 31.

Do farmers have to have workers comp?

Farmers are not required to have workers’ compensation insurance unless they have H-2A employees. If they have H-2A employees, the rate will be based on total wages (H-2A and non H-2A). An employer may want to consider workers’ compensation insurance even if they are not required to have it.

Does an employer withhold taxes on contract labor?

An employer withholds required taxes and then pays the appropriate entity for an employee, but he does not withhold taxes on contract labor. This article discusses the different payroll requirements …

Definition of Agricultural Worker Under State Law

  • “Agriculture” is defined for the purposes of the state’s workers’ compensation law at Ky. Rev. Stat. Ann.§ 342.0011.

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Wages and Overtime

  • Minimum Wage
    1. Kentucky has a state minimum wage law. 2. The Kentucky minimum wage is currently $7.25 per hour, with automatic increases to match any minimum wage increases under the federal Fair Labor Standards Act (FLSA). (Ky. Rev. Stat. Ann.§ 337.275) 3. Agricultural workers are exempt fr…
  • Overtime
    1. Kentucky has a state law providing for overtime pay for employees working longer than forty hours in a week. (Ky. Rev. Stat. Ann. § 337.285) 2. Agricultural workers are exempted from Kentucky’s 40-hour per week overtime law because they are excluded from the definition of emp…

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Right to Join Unions and Collective Bargaining in Agriculture

  • In 2017, Kentucky enacted a “right-to-work” act. The statute guarantees employees the right to organize and collectively bargain free from restraint or coercion from employers. (Ky. Rev. Stat. Ann….

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State Legal Services Organizations

  • Kentucky Equal Justice Center-Workers’ Rights Project Southern Migrant Legal Services – A Project of Texas RioGrande Legal Aid, Inc.

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