Introduced January 15, 2026
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.
Plain-language summary
This bill changes how illegal drug use is handled in workers' compensation cases. Currently, if a worker had used an illegal substance before a workplace accident, the law presumes that drug use caused the injury. This bill would remove that automatic presumption and instead require that drug use be proven as the direct cause of the injury before it can affect a worker's compensation claim. Who it may affect: workers injured on the job and their employers.
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Legislative History
Primary Sponsor
Alan Gentry
Representative · House District 046
Co-sponsors (11)
Chad Aull
Representative · House District 079
Tina Bojanowski
Representative · House District 032
Adrielle Camuel
Representative · House District 093
Beverly Chester-Burton
Representative · House District 044
Anne Donworth
Representative · House District 076
Daniel Grossberg
Representative · House District 030
Erika Hancock
Representative · House District 057
Nima Kulkarni
Representative · House District 040
Matthew Lehman
Representative · House District 067
Rachel Roarx
Representative · House District 038
Joshua Watkins
Representative · House District 042
Bill Text Versions
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