44-545. Defenses available in certain cases. - Kansas Statutes

44-545

Chapter 44.--LABOR AND INDUSTRIES Article 5.--WORKERS COMPENSATION

      44-545.   Defenses available in certain cases.In an action to recover damages for an injury by accident arising out ofand in the course of employment which was sustained by an employee, whois an employee subject to the provisions of the workmen's compensationact other than by election filed pursuant to K.S.A. 44-542a, or for deathresulting from an injury so sustained, in whichrecovery is sought upon the ground of want of due care of the employeror of any officer, agent or servant of the employer and where suchemployer at the time of the accident was subject to the provisions ofthe workmen's compensation act, it shall be a defense for such employerin all cases where said employee has elected not to come within theprovisions of the workmen's compensation act pursuant to a validdeclaration of election as provided in K.S.A. 44-543: (a)That the employee either expressly or impliedly assumed the risk of thehazard complained of; (b) that the injury or death was caused in wholeor in part by the want of due care of a fellow servant; or (c) that saidemployee was guilty of contributory negligence: Provided, That noneof these defenses shall be available where the injury was caused by thewillful negligence of such employer, or of any managing officer, or ofmanaging agent of said employer.

      History:   L. 1927, ch. 232, § 53; L. 1974, ch. 203, §39; July 1.