{"data":{"id":"us-ky/krs-342.395","jurisdiction":"us-ky","citation":"KRS 342.395","heading":"Employee deemed to have accepted provisions of chapter -- Employee's","body":"written notice of rejection -- Withdrawal of election.\n(1) Where an employer is subject to this chapter, then every employee of that employer,\nas a part of his or her contract of hir ing or who may be employed at the time of the\nacceptance of the provisions of this chapter by the employer, shall be deemed to\nhave accepted all the provisions of this chapter and shall be bound thereby unless he\nor she shall have filed, prior to the injur y or incurrence of occupational disease,\nwritten notice to the contrary with the employer; and the acceptance shall include all\nof the provisions of this chapter with respect to traumatic personal injury, silicosis,\nand any other occupational disease. Howe ver, before an employee's written notice\nof rejection shall be considered effective, the employer shall file the employee's\nnotice of rejection with the Department of Workers' Claims. The commissioner of\nthat department shall not give effect to any rejecti on of this chapter not voluntarily\nmade by the employee. If an employee withdraws his or her rejection, the employer\nshall notify the commissioner.\n(2) An employer shall not require an employee to execute a rejection of this chapter as\neither a condition to obtain employment or a condition to maintain employment. An\nemployer shall not terminate an employee for refusal to execute a rejection of this\nchapter.\n(3) Until notice to the contrary as specified in subsection (1) of this section is given to\nthe employer, the measure of liability of the employer shall be determined according\nto the compensation provisions of this chapter. Any employee, may, without\nprejudice to any existing right or claim, withdraw his election to reject this chapter\nby filing with the employer a written notice of withdrawal, stating the date when the\nwithdrawal is to become effective. Following the filing of that notice, the status of\nthe party withdrawing shall become the same as if the former election to reject this\nchapter had not b een made, except that withdrawal shall not be effective as to any\ninjury sustained or disease incurred less than one (1) week after the notice is filed.","path":["KRS Chapter 342"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32495","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:31Z","sha256":"f05c816c9e75cad03333218f71ca0c7f5526998fc8d199eb0ff8d311f90e43f3","source_id":"us-ky","stale":false,"prev":"us-ky/krs-342.390","next":"us-ky/krs-342.400"},"notice":"GroundRules: Original legal text. Not legal advice."}