342.395 Employee deemed to have accepted provisions of chapter -- Employee's

353 words·~2 min read·/ky/342-395

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

written notice of rejection -- Withdrawal of election.

(1)Where an employer is subject to this chapter, then every employee of that employer,

as a part of his or her contract of hiring or who may be employed at the time of the

acceptance of the provisions of this chapter by the employer, shall be deemed to

have accepted all the provisions of this chapter and shall be bound thereby unless he

or she shall have filed, prior to the injury or incurrence of occupational disease,

written notice to the contrary with the employer; and the acceptance shall include all

of the provisions of this chapter with respect to traumatic personal injury, silicosis,

and any other occupational disease. However, before an employee's written notice

of rejection shall be considered effective, the employer shall file the employee's

notice of rejection with the Department of Workers' Claims. The commissioner of

that department shall not give effect to any rejection of this chapter not voluntarily

made by the employee. If an employee withdraws his or her rejection, the employer

shall notify the commissioner.

(2)An employer shall not require an employee to execute a rejection of this chapter as

either a condition to obtain employment or a condition to maintain employment. An

employer shall not terminate an employee for refusal to execute a rejection of this

chapter.

(3)Until notice to the contrary as specified in subsection

(1)of this section is given to

the employer, the measure of liability of the employer shall be determined according

to the compensation provisions of this chapter. Any employee, may, without

prejudice to any existing right or claim, withdraw his election to reject this chapter

by filing with the employer a written notice of withdrawal, stating the date when the

withdrawal is to become effective. Following the filing of that notice, the status of

the party withdrawing shall become the same as if the former election to reject this

chapter had not been made, except that withdrawal shall not be effective as to any

injury sustained or disease incurred less than one

(1)week after the notice is filed.