342.185 Notice of accident -- Claim for compensation -- Limitation.
(1)
(2)
Except as provided in subsection (2) 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 (2)
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.
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.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1795, effective July 15, 2010. -Amended 1994 Ky. Acts ch. 181, Part 14, sec. 69, effective April 4, 1994. -Amended 1982 Ky. Acts ch. 278, sec. 20, effective July 15, 1982. -- Amended 1980
Ky. Acts ch. 104, sec. 8, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 93,
sec. 2. -- Amended 1972 Ky. Acts ch. 78, sec. 27. -- Amended 1960 Ky. Acts
ch. 147, sec. 13, effective June 16, 1960. -- Amended 1948 Ky. Acts ch. 151, sec. 2. - Amended 1944 Ky. Acts ch. 82, sec. 4. -- Recodified 1942 Ky. Acts ch. 208, sec. 1,
effective October 1, 1942, from Ky. Stat. sec. 4914.
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