342.185 Notice of accident -- Claim for compensation -- Limitation -- Cumulative

382 words·~2 min read·/ky/342-185

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

trauma injury.

(1)Except as provided in subsections

(2)and

(3)of this section, no proceeding under

this chapter for compensation for an injury or death shall be maintained unless a

notice of the accident shall have been given to the employer as soon as practicable

after the happening thereof and unless an application for adjustment of claim for

compensation with respect to the injury shall have been made with the department

within two

(2)years after the date of the accident, or in case of death, within two

years after the death, whether or not a claim has been made by the employee himself

or herself for compensation. The notice and the claim may be given or made by any

person claiming to be entitled to compensation or by someone in his or her behalf.

If payments of income benefits have been made, the filing of an application for

adjustment of claim with the department within the period shall not be required, but

shall become requisite within two

(2)years following the suspension of payments or

within two

(2)years of the date of the accident, whichever is later.

(2)The right to compensation under this chapter resulting from work-related exposure

to the human immunodeficiency virus shall be barred unless notice of the injurious

exposure is given in accordance with subsection

(1)of this section and unless an

application for adjustment of claim for compensation shall have been made with the

commissioner within five

(5)years after the injurious exposure to the virus.

(3)The right to compensation under this chapter resulting from work-related exposure

to cumulative trauma injury shall be barred unless notice of the cumulative trauma

injury is given within two

(2)years from the date the employee is told by a

physician that the cumulative trauma injury is work-related. An application for

adjustment of claim for compensation with respect to the injury shall have been

made with the department within two

(2)years after the employee is told by a

physician that the cumulative trauma injury is work-related. However, the right to

compensation for any cumulative trauma injury shall be forever barred, unless an

application for adjustment of claim is filed with the commissioner within five

years after the last injurious exposure to the cumulative trauma.