In the fall of 2001, the Kentucky Supreme Court ruled that, although government agencies have sovereign immunity, as a public employee, you CAN be sued personally and individually for actions related to the performance of your job.

Even worse, you don’t have any statutory guarantee that, if you are sued, the state will provide you with an attorney or pay any judgment against you. If you are working without occupational liability insurance, you are risking your family’s financial security.

A New Threat From HIPAA

The Health Insurance Portability And Accountability  Act of 1996 (HIPAA)  greatly increases privacy protections for most Americans.  However, HIPAA also creates  new legal liabilities for state employees who have access to the medical records of their clients.  Social workers,  case workers, rehabilitation workers and other state employees who routinely request and receive medical records now have an increased responsibility to protect and safeguard those records.  Clients who feel  that their medical records have been improperly used or released can file charges or even sue the state employee who have possession  of them

The Fletcher Administration's Position on Employee Liability

Here is the administration’s position as written in an actual, August 3, 2004, letter from Roger Wright, a state attorney, in response to the liability question:

      “You have requested that I verify in writing the position of the Justice and  Public Safety Cabinet with respect to indemnification of KRS Chapter 18A personnel. As I have previously advised, there is no statutory obligation or authority for indemnification of Chapter 18A personnel.  It is therefore the position of the Justice Cabinet that its obligation with respect to Chapter 18A personnel sued for actions arising in the course of employment is solely to provide defense counsel.”

Sincerely,

Roger G. Wright

State Attorney

KASE recognized this threat and with the help of our national affiliate, the American Federation of Teachers, we give each of our members a $1 million occupational liability Insurance policy. If you are a KASE/AFT member, you have the peace of mind in knowing that you are covered by one of the best liability insurance policies in the business.

You can’t get this kind of insurance through your home owners policy; you can’t get it through your employer and you can’t get it through another other labor organization. KASE/AFT is the only state employee labor organization that can give you this kind of protection.

Don’t put your family’s financial security at risk. If you’re working without occupational liability insurance, call us today. KASE/AFT offers liability insurance as part of our complete membership benefits package. Don’t delay, call us at: 1-800-248-5273 or get coverage by completing and mailing a KASE/AFT membership application (.pdf file) TODAY!

Click Here To Check Out The Details of The KASE/AFT Occupational Liability Insurance Plan