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Notice Requirement For Workers’ Compensation Injuries In Kentucky
An employee must give notice of the injury or disease under KRS 342.185 “as soon as practicable” after the injury or disease develops. That is what the notice requirement entails.
Who Can Give Notice Of A Workers’ Comp Injury?
Notice may be given by the employee or someone on his or her behalf.
Why Does Notice Have To Be Given?
Proper notice has to be given to the employer so they have opportunity to investigate the circumstances surrounding the accident.
How Should Notice Of A Workers’ Compensation Injury Be Given?
Notice should be in writing and in ordinary language stating the time, place, nature and cause of injury, names of witnesses, the injury claimed and the work in which the employee was engaged at the time of the subject incident, under KRS 342.190. Written notice is a better choice than just telling your employer of an injury. Notice being in writing avoids the risk of the employer saying they didn’t receive notice later. Improper notice or failure to give notice can stop a claim from being brought because notice is a jurisdictional requirement.
Who Should Notice Be Given To?
Notice should be given to the employer, to a partner if the employer is a partnership, or to any agent or officer if the employer is a corporation. KRS 342.195; KRS 342.135.
Time-Frame For Giving Notice And Bringing A Claim
The Statute of Limitation for Workers’ Comp is controlled by KRS 342.185, and states that the filing of an application for adjustment of claim is required within two (2) years following the date of the compensable event (i.e., injury or death) or within two (2) years of the suspension of voluntary income benefits, whichever is later.
If you have suffered a work place injury you should contact a workers’ compensation attorney to help you explore your options. If you have questions about workers’ compensation or think you have a workers’ compensation claim contact Rebecca Hurst of Hurst & Hurst Law at (859) 209-2101.