44-545. Defenses available in certain cases. In an action to recover damages for an injury by accident arising out of and in the course of employment which was sustained by an employee, who is an employee subject to the provisions of the workmen's compensation act other than by election filed pursuant to K.S.A. 44-542a, or for death resulting from an injury so sustained, in which recovery is sought upon the ground of want of due care of the employer or of any officer, agent or servant of the employer and where such employer at the time of the accident was subject to the provisions of the workmen's compensation act, it shall be a defense for such employer in all cases where said employee has elected not to come within the provisions of the workmen's compensation act pursuant to a valid declaration of election as provided in K.S.A. 44-543: (a) That the employee either expressly or impliedly assumed the risk of the hazard complained of; (b) that the injury or death was caused in whole or in part by the want of due care of a fellow servant; or (c) that said employee was guilty of contributory negligence: Provided, That none of these defenses shall be available where the injury was caused by the willful negligence of such employer, or of any managing officer, or of managing agent of said employer.
History: L. 1927, ch. 232, § 53; L. 1974, ch. 203, § 39; July 1.
Structure Kansas Statutes
Chapter 44 - Labor And Industries
Article 5 - Workers Compensation
44-501b Legislative intent; employer obligation, burden of proof; liability.
44-501c Public service benefits protection act.
44-502 Reservation of penalties.
44-503a Multiple employment; apportionment of liability.
44-503c Employment status of an owner-operator of a motor vehicle; definitions.
44-505b County as self-insurer; establishment of reserve fund; retransfers.
44-505c Local political and taxing subdivision; payment of workmen's compensation coverage.
44-505f City as self-insurer; establishment of reserve fund; retransfers.
44-506 Application of act to certain businesses or employments, lands and premises.
44-509 Incapacitated workman or dependent; exercise of rights; limitation of actions.
44-510c Compensation for permanent total and temporary total disabilities.
44-510d Compensation for certain permanent partial disabilities; computation thereof; schedule.
44-510f Employer's maximum liability for disability compensation; credit for unearned wages.
44-510j Medical benefits; fee disputes; utilization and peer review.
44-510l Warning notice to injured employee.
44-511 Definitions; average weekly wage; volunteers; state's average weekly wage.
44-512 Time and manner of compensation payments.
44-512b Failure to pay compensation prior to award without just cause; interest, penalty.
44-513a Minors entitled to compensation; payment.
44-513b Same; act supplemental.
44-514 Payments not assignable; exception, orders for support.
44-516 Medical examination by neutral health care provider.
44-518 Refusal of medical examination; effect.
44-519 Certificate of health care provider as evidence.
44-525 Form of findings and awards; effective date.
44-526 Filing agreements, awards, etc.
44-528 Review and modification of awards; reinstatement; cancellation; effective date.
44-529 Judgment on agreement or awards.
44-530 Staying proceedings upon an award.
44-531 Redemption of liability; lump-sum payment of award; exception.
44-534 Proceedings; time limitations; electronic filing system authorized.
44-535 When the right to compensation accrues.
44-536a Signing of pleadings, motions and other documents; liability for frivolous filings.
44-542a Election by individual employer, partner or self-employed person.
44-543 Election by certain employees.
44-545 Defenses available in certain cases.
44-550 Records of proceedings, documents; custody and preservation.
44-550b Records open to public inspection, exceptions.
44-552 Record of hearing; certified shorthand reporter; transcript; costs.
44-555 Reporter's fees, assessment.
44-556a Transfer of appeals due to constitutional defect.
44-559 Insurance against liability; form and contents of policy.
44-562 Reports to insurance commissioner; inspection.
44-566 Workers compensation fund to facilitate employment of handicapped workers; definitions.
44-569a Same; employer or insurance carrier reimbursed from fund, when.
44-572 Same; review; modification or cancellation of awards.
44-573 Rules and regulations; filing.
44-574 Construing and citing workers compensation laws; severability.
44-578 Same; administrative rules and regulations.
44-579 Same; copies of accident reports to secretary of administration.
44-580 Same; construction of 44-575 to 44-580.
44-581 Group-funded workers compensation pools; requirements.
44-582 Same; certificate of authority; application; commissioner's review of surplus funds.
44-583 Same; irrevocable consent; service of process on commissioner of insurance.
44-584 Same; certificate of authority, renewal, suspension, revocation; examinations.
44-585 Same; premiums; contributions; deposit of premiums; refunds.
44-586 Same; premiums; use; investments.
44-588 Same; premium tax; payment.
44-589 Same; assessments; subject to article 24 of chapter 40 of Kansas Statutes Annotated.
44-590 Same; new members; application; termination.
44-591 Same; board of trustees; duties.
44-592 Same; licensing of persons soliciting workers compensation insurance.
44-593 Reorganization of pool agreement under 12-2216 et seq.
44-594 Same; confidentiality of certain financial information.
44-5,102 Same; distribution upon notice of injury; preparation and dissemination.
44-5,117 Mediation conferences.
44-5,121 Same; cause of action to recover economic losses.
44-5,123 Same; immunity from civil liability for reporting information in good faith.
44-5,124 Assistant attorney general; appointment within division of workers compensation; duties.