HB402
Log in to followAN ACT relating to workers' compensation.
Amend KRS 342.610 to remove the presumption that the use of an illegal substance prior to an accident caused the injury; provide that the use of an illegal substance shall be the proximate cause of the injury.
Introduced: January 15, 2026
Last action: January 23, 2026
Plain-language summary
This bill changes the rules around workers' compensation claims when an employee has used an illegal substance before a workplace accident. Currently, the law presumes that prior illegal substance use caused the injury; this bill would remove that automatic presumption and instead require that the substance use be proven as the direct cause of the injury before it can affect a claim. Who it may affect: workers who are injured on the job and employers involved in workers' compensation claims.
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