Kentucky Statutes 342.038 – Employer to keep record of injuries — Reports required to be filed
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(1) Every employer subject to this chapter shall keep a record of all injuries, fatal or otherwise, received by his employees in the course of their employment. Within one (1) week after the occurrence and knowledge, as provided in KRS § 342.185 to
342.200, of an injury to an employee causing his absence from work for more than one (1) day, a report thereof shall be made to the department in the manner directed by the commissioner through administrative regulations. An employer’s insurance carrier or other party responsible for the payment of workers’ compensation benefits shall be responsible for making the report to the Department of Workers’ Claims within one week of receiving the notification referred to in subsection (3) of this section.
(2) The report shall contain the name, nature, and location of the business of the employer and name, age, sex, wages, and occupation of the injured employee, and shall state the date and hour of the accident causing the injury, the nature and cause of the injury, and any other information required by the commissioner.
(3) Every employer subject to this chapter shall report to its workers’ compensation insurance carrier or the party responsible for the payment of workers’ compensation benefits any work-related injury or disease or alleged work-related injury or disease within three (3) working days of receiving notification of the incident or alleged incident.
(4) Every employer or insurer subject to this chapter shall file additional reports covering specifically voluntary payments and settlements, and any other reports required by the commissioner by administrative regulation for the determination of the promptness of voluntary payment and validity and fairness of agreements. In addition, the commissioner may require additional information as may be necessary to comply with a federal statute or regulation or any state statute.
(5) Upon the termination of the disability of the injured employee, or if the disability extends beyond a period of sixty (60) days, then also at the expiration of that period, the employer shall make a supplementary report to the commissioner on blanks procured from the department for the purpose.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1783, effective July 15, 2010. — Amended 1996 Ky. Acts ch. 355, sec. 6, effective July 15, 1996. — Amended 1994
Ky. Acts ch. 181, Part 14, sec. 68, effective April 4, 1994. — Amended 1980 Ky. Acts ch. 104, sec. 1, effective July 15, 1980. — Created 1976 Ky. Acts ch. 160, sec.
6.
342.200, of an injury to an employee causing his absence from work for more than one (1) day, a report thereof shall be made to the department in the manner directed by the commissioner through administrative regulations. An employer’s insurance carrier or other party responsible for the payment of workers’ compensation benefits shall be responsible for making the report to the Department of Workers’ Claims within one week of receiving the notification referred to in subsection (3) of this section.
Terms Used In Kentucky Statutes 342.038
- Carrier: means any insurer, or legal representative thereof, authorized to insure the liability of employers under this chapter and includes a self-insurer. See Kentucky Statutes 342.0011
- Commissioner: means the commissioner of the Department of Workers' Claims under the direction and supervision of the secretary of the Education and Labor Cabinet. See Kentucky Statutes 342.0011
- Compensation: means all payments made under the provisions of this chapter representing the sum of income benefits and medical and related benefits. See Kentucky Statutes 342.0011
- Department: means the Department of Workers' Claims in the Education and
Labor Cabinet. See Kentucky Statutes 342.0011 - Federal: refers to the United States. See Kentucky Statutes 446.010
- Injury: when used generally, unless the context indicates otherwise, shall include an occupational disease and damage to a prosthetic appliance, but shall not include a psychological, psychiatric, or stress-related change in the human organism, unless it is a direct result of a physical injury. See Kentucky Statutes 342.0011
- Insurance carrier: means every insurance carrier or insurance company authorized to do business in the Commonwealth writing workers' compensation insurance coverage and includes the Kentucky Employers Mutual Insurance Authority and every self-insured group operating under the provisions of this chapter. See Kentucky Statutes 342.0011
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Work: means providing services to another in return for remuneration on a regular and sustained basis in a competitive economy. See Kentucky Statutes 342.0011
(2) The report shall contain the name, nature, and location of the business of the employer and name, age, sex, wages, and occupation of the injured employee, and shall state the date and hour of the accident causing the injury, the nature and cause of the injury, and any other information required by the commissioner.
(3) Every employer subject to this chapter shall report to its workers’ compensation insurance carrier or the party responsible for the payment of workers’ compensation benefits any work-related injury or disease or alleged work-related injury or disease within three (3) working days of receiving notification of the incident or alleged incident.
(4) Every employer or insurer subject to this chapter shall file additional reports covering specifically voluntary payments and settlements, and any other reports required by the commissioner by administrative regulation for the determination of the promptness of voluntary payment and validity and fairness of agreements. In addition, the commissioner may require additional information as may be necessary to comply with a federal statute or regulation or any state statute.
(5) Upon the termination of the disability of the injured employee, or if the disability extends beyond a period of sixty (60) days, then also at the expiration of that period, the employer shall make a supplementary report to the commissioner on blanks procured from the department for the purpose.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1783, effective July 15, 2010. — Amended 1996 Ky. Acts ch. 355, sec. 6, effective July 15, 1996. — Amended 1994
Ky. Acts ch. 181, Part 14, sec. 68, effective April 4, 1994. — Amended 1980 Ky. Acts ch. 104, sec. 1, effective July 15, 1980. — Created 1976 Ky. Acts ch. 160, sec.
6.