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The Kentucky Form 5 serves as a vital tool for employees wishing to retract their previously submitted notice of rejection under the Workers' Compensation Act. This formal notification is particularly important as it outlines the specific employer details, including the federal ID number, name, contact information, and the nature of the business. The employee must provide personal information, such as their name, Social Security number, and contact details. With the completion of this form, the employee asserts their intent to withdraw their written rejection of coverage for work-related injuries or diseases. Notably, effective coverage under Kentucky Revised Statutes Chapter 342 cannot commence until a minimum of one week has passed since the notice is filed with the employer. Additionally, the employer has responsibilities, including filing the original form with the Department of Workers Claims. For acknowledgment purposes, employees are encouraged to send a copy of the withdrawal alongside a self-addressed, stamped envelope. Understanding these steps ensures a smoother transition back into the coverage offered by workers' compensation, ultimately fostering a more secure work environment.

Kentucky 5 Example

FORM NO. 5

WRITTEN NOTICE OF WITHDRAWAL (REV. 7/97)

DEPARTMENT OF WORKERS CLAIMS

1270 LOUISVILLE ROAD

FRANKFORT, KENTUCKY 40601

WRITTEN NOTICE OF WITHDRAWAL OF FORM 4 REJECTION

EMPLOYER DATA:

FEDERAL ID# _____________________________

EMPLOYER NAME ____________________________________________________ PHONE NO. ________________________

STREET ADDRESS __________________________________________________________________________________________

CITY, STATE, ZIP ___________________________________________________________________________________________

NATURE OF BUSINESS ____________________________________

#OF EMPLOYEES ________________________________

EMPLOYEE DATA:

NAME ______________________________________ SOCIAL SECURITY NUMBER _________________________________

STREET ADDRESS ______________________________________________ EMPLOYEE PHONE NO. ____________________

CITY, STATE, ZIP ___________________________________________________________________________________________

I HEREBY WISH TO NOTIFY THE ABOVE LISTED EMPLOYER THAT I WISH TO WITHDRAW MY EMPLOYEE’S WRITTEN NOTICE OF REJECTION EFFECTIVE__________________________. THE REJECTION NOTICE WAS FILED WITH THE DEPARTMENT OF WORKERS

CLAIMS ON OR ABOUT_________ (YEAR). I NOW WISH TO BE COVERED UNDER THE PROVISIONS OF THE KENTUCKY REVISED

STATUTES CHAPTER 342, COMMONLY KNOWN AS THE WORKERS’ COMPENSATION ACT. I HAVE FILED THIS FORM WITH MY EMPLOYER ON THIS DATE.

 

_____________________________________________________________

 

EMPLOYEE SIGNATURE

DATE

STATE OF ______________________

 

 

COUNTY OF ____________________

 

 

SUBSCRIBED AND SWORN TO BEFORE ME BY ___________________________________________________ TO BE

 

 

EMPLOYEE NAME

 

HIS/HER VOLUNTARY ACT AND DEED, ON THIS______________DAY OF______________________________ , _________.

 

____________________________________

________________________________________

 

NOTARY PUBLIC

MY COMMISSION EXPIRES:

 

ACKNOWLEDGMENT OF RECEIPT AND FILING

I,_______________________________________________________HEREBY ACKNOWLEDGE THAT THE ABOVE-MENTIONED EMPLOYEE

FILED THIS WITHDRAWAL OF THE NOTICE OF REJECTION WITH HIS/HER EMPLOYER ON THE __________________________DAY OF

_________________, _________, AND THAT THE ORIGINAL OF THIS FORM WAS MAILED TO THE DEPARTMENT OF WORKERS CLAIMS

ON THIS DATE.

BY: ___________________________________________________________________________

EMPLOYER

TITLE

DATE

INSTRUCTIONS FOR WITHDRAWAL OF

EMPLOYEE’S WRITTEN NOTICE OF REJECTION

Pursuant to KRS 342.395(3), withdrawal of the notice of rejection shall not be effective as to any injury sustained or disease incurred less than one (1) week after notice is filed with the employer.

The employer must file the original of this form with the Department of Workers Claims. Forms should be mailed to: Department of Workers Claims, ATTENTION: Enforcement

Branch, 1270 Louisville Road, Frankfort, Kentucky 40601.

If you want to have the filing of the withdrawal acknowledged by the Department, you must forward with the original, a photostatic copy and a self-addressed stamped envelope.

If you have any questions, please contact the Enforcement Branch at (800) 731-5241.

File Breakdown

Fact Name Description
Form Title Written Notice of Withdrawal
Form Number Form No. 5
Governing Law Kentucky Revised Statutes Chapter 342
Purpose This form allows an employee to withdraw a previously filed rejection of workers' compensation coverage.
Filing Deadline The withdrawal notice must be filed before any injury or disease incurred within one week.
Employer Requirements Employers must file the original form with the Department of Workers Claims.
Acknowledgment Process To receive acknowledgment of the filing, a self-addressed stamped envelope and a copy must be included.
Contact Information For questions, contact the Enforcement Branch at (800) 731-5241.
Notarization The form requires notarization to confirm the employee's signature and intent.

Guide to Using Kentucky 5

Completing the Kentucky 5 form involves providing accurate information about both the employer and the employee, along with acknowledging the withdrawal of a previously filed notice of rejection. This process helps ensure that the next steps regarding workers' compensation can proceed smoothly.

  1. Obtain a copy of the Kentucky 5 form. Ensure it is the most recent version.
  2. Fill in the Employer Data
    • Enter the Federal ID#.
    • Provide the Employer Name.
    • Include a Phone Number.
    • Complete the Street Address.
    • Fill in the City, State, and ZIP code.
    • State the Nature of Business.
    • Indicate the Number of Employees.
  3. Complete the Employee Data section:
    • Insert the Employee Name.
    • Fill in the Social Security Number.
    • Provide the Street Address.
    • Include the Employee Phone Number.
    • Complete the City, State, and ZIP code.
  4. State the effective date of the withdrawal in the designated area.
  5. Indicate the date when the rejection notice was originally filed.
  6. Sign the form in the designated area, including the date of signing.
  7. Prepare for notary acknowledgment by providing the State and County information. The notary will complete this section when present.
  8. Have the notary sign and provide their commission expiration date.
  9. Complete the acknowledgment section for the employer. Include the date the withdrawal was filed and the employer's signature, title, and date.
  10. Mail the original form to the Department of Workers Claims as instructed. Include a photostatic copy and a self-addressed stamped envelope if acknowledgment is desired.

Get Answers on Kentucky 5

What is the purpose of the Kentucky 5 form?

The Kentucky 5 form, also known as the Written Notice of Withdrawal, is used by employees to formally withdraw their previous rejection of workers' compensation coverage. By submitting this form, an employee indicates their desire to be covered under the Kentucky Workers' Compensation Act after initially rejecting it.

Who needs to fill out the Kentucky 5 form?

The form must be completed by employees who have previously submitted a notice of rejection regarding their workers' compensation coverage. If an employee changes their mind and wishes to be covered by workers' compensation, they should fill out this form and submit it to their employer.

What information is required on the Kentucky 5 form?

The form requires specific information to be filled out, including:

  • Employer data: Federal ID, name, phone number, street address, city, state, zip code, nature of business, and number of employees.
  • Employee data: Name, Social Security number, street address, phone number, city, state, and zip code.
  • Details regarding the rejection notice: Effective date of withdrawal and the date the rejection notice was filed.

Accurate completion of this information is crucial for ensuring the proper processing of the withdrawal.

What steps must be taken after filling out the Kentucky 5 form?

After you complete the form, follow these steps:

  1. Submit the completed form to your employer.
  2. Your employer must file the original form with the Department of Workers Claims at the specified address.
  3. If you want confirmation of the filing, include a photocopy of the form and a self-addressed stamped envelope with your submission.

Be mindful that the withdrawal is not effective for any injury or disease incurred less than one week after the filing.

How can I get help if I have questions about the Kentucky 5 form?

If you have questions regarding the Kentucky 5 form or the withdrawal process, you can reach out to the Enforcement Branch at the Department of Workers Claims. They can be contacted at (800) 731-5241. It is advisable to have your questions ready to ensure you receive clear guidance on how to proceed.

Common mistakes

Completing the Kentucky 5 form requires attention to detail. Mistakes can lead to unnecessary delays in processing. One common mistake is failing to provide complete employer information. All fields, including the federal ID number, employer name, and contact details, need to be filled out accurately. Omissions or incorrect details may hinder the processing of the form.

Another frequent error involves inaccurate employee data. This includes not only the employee's name and Social Security number but also their contact information. An inaccurate Social Security number, for example, can create complications in the employee's eligibility for workers' compensation benefits. It is vital to ensure that the information is precisely aligned with official identification documents.

Individuals often overlook the importance of signing the form properly. The employee's signature and date on the form serve as a formal acknowledgment of their intention to withdraw. Missing or unclear signatures can render the document invalid. Similarly, the notary section must also be correctly completed. If the signature does not match the name on the form, it may raise questions regarding authenticity.

Finally, there is the issue with the acknowledgment of receipt and filing. The employer must fill in their details clearly, including title and date. Failure to complete this section or to ensure that the original form is mailed to the Department of Workers Claims as required can result in the withdrawal not being recognized. Double-checking all sections of the form before submission can prevent these common pitfalls.

Documents used along the form

The Kentucky 5 form is significant for employees wishing to withdraw their written notice of rejection regarding workers' compensation benefits. When filing this form, several additional documents may be required or helpful in ensuring a smooth processing of your request. Below is a list of these documents, including a brief description of each.

  • Form 4 - Notice of Rejection: This form is submitted by an employee to indicate their rejection of workers' compensation coverage. It serves as the basis for an employee to later withdraw their rejection.
  • Form 2 - Claim for Workers’ Compensation Benefits: Employees use this form to officially file a claim for workers’ compensation benefits following an injury or illness related to work.
  • Form 101 - Application for Adjustment of Claim: This application is used to request adjustments or modifications to an existing workers’ compensation claim, allowing employees to address issues regarding their benefits.
  • Form 110 - Employee Response to Employer’s Denial: If an employer denies a claim, this form allows the employee to formally respond to the denial and present their side of the case.
  • Form 113 - Certification of Injury: This document certifies the specifics surrounding an injury sustained on the job, often required for substantiating a workers' compensation claim.
  • Form 814 - Authorization for Release of Medical Records: Employees may need to provide this form to allow medical professionals to release records related to their work injury to the insurance company.
  • Form 942 - Doctor’s Report of Injury: This report submitted by a physician outlines the diagnosis and treatment of the employee's work-related injury, supporting the claim for benefits.
  • Form 102 - Notice of Payment: Employers use this form to notify employees of any payments made related to their workers’ compensation claims, detailing the amount and dates of compensation.
  • Form 600 - Final Settlement Agreement: This form documents a final settlement between the employer and employee regarding workers’ compensation benefits. It outlines the agreement terms and releases the employer from further claims.

It is essential to gather the necessary documents and forms to ensure a thorough and effective withdrawal of the written notice of rejection. Employees are encouraged to review all materials and consult with their employers or legal representatives if any questions arise during the process. Proper documentation supports the employees' rights under the Kentucky Workers' Compensation Act.

Similar forms

  • Form 4 - Written Notice of Rejection: This document serves as a formal notification from an employee to the employer indicating their intent to reject workers' compensation coverage. Both Form 5 and Form 4 are vital in managing an employee's status regarding workers' compensation, with Form 5 focusing on withdrawing that rejection.
  • Form 6 - Claim for Benefits: Similar in purpose, this form allows employees to file a claim for workers' compensation benefits. Like the Kentucky 5 form, it needs to be submitted with specific details about the injury or condition, allowing the employee to communicate their situation effectively.
  • Form 7 - Notice of Change of Income: This form reports any changes in an employee's income that may affect their workers' compensation benefits. Both the Kentucky 5 form and Form 7 facilitate communication regarding the employee's status and eligibility for benefits.
  • Form 8 - Release of Medical Records: Employees use this form to authorize the release of their medical records in relation to their workers' compensation claim. It coordinates closely with the Kentucky 5 form by ensuring that all necessary documentation is available to support an employee's claim or withdrawal.
  • Form 9 - Reinstatement Request: This document allows employees to request the reinstatement of benefits after a withdrawal or denial. Like Form 5, it emphasizes an employee's choice regarding their workers' compensation coverage and the processes involved in those decisions.
  • Form 10 - Appeal of a Decision: If an employee wishes to contest a decision made regarding their claim, they will use this form. Just as the Kentucky 5 form addresses the withdrawal of a rejection, Form 10 enables employees to actively manage their claims should they encounter disputes or denials.

Dos and Don'ts

When filling out the Kentucky 5 form, attention to detail is crucial. Here are several important points to consider:

  • Do ensure all required fields are completed accurately.
  • Don't leave any sections blank; incomplete forms may cause delays.
  • Do use clear and legible handwriting or print when filling out the form.
  • Don't forget to sign and date the form before submission.
  • Do include both the employer's and employee's contact information.
  • Don't submit the form without keeping a copy for your records.
  • Do follow up with the Department of Workers Claims to confirm that your withdrawal has been processed.

Being thorough and careful will help ensure a smooth process. Following these guidelines can prevent complications and facilitate timely acknowledgment of your form.

Misconceptions

  • Misconception 1: The Kentucky 5 form is only for employers.

This is not accurate. While the Kentucky 5 form must be submitted by employers, it is specifically the employee who wishes to withdraw their notice of rejection that initiates the use of this form. This acknowledges the employee's desire to maintain workers’ compensation coverage.

  • Misconception 2: The withdrawal of the notice takes effect immediately.

In reality, according to Kentucky Revised Statutes, the withdrawal is effective only after one week from the date of filing with the employer. This means employees should plan accordingly, as coverage does not begin instantaneously.

  • Misconception 3: Filing the Kentucky 5 form guarantees compensation for all injuries.

This is a misunderstanding. The form indicates a desire to withdraw a prior rejection, but it does not automatically result in approval for compensation. Each claim is subject to review and confirmation by the Kentucky Department of Workers Claims.

  • Misconception 4: The form does not require notarization.

This belief is incorrect. The Kentucky 5 form must be notarized. Employees must have their signature acknowledged before a notary public to validate the withdrawal.

  • Misconception 5: Only certain types of injuries are eligible for withdrawal.

This is misleading. Employees can withdraw their rejection for any work-related injury or condition. Eligibility is not limited to specific types of injuries but rather encompasses all matters under the workers' compensation framework.

  • Misconception 6: Sending the form to the employer is sufficient for processing.

This is a common error. To complete the process, the employer must file the original form with the Department of Workers Claims. If an employee wishes to receive acknowledgment of this division’s filing, they must include a self-addressed stamped envelope along with a photocopy of the form.

Key takeaways

When filling out and using the Kentucky 5 form, it is essential to follow specific guidelines to ensure proper processing. Here are key takeaways to consider:

  • Employer Information: Provide accurate details about your employer, including the federal ID number, name, and contact information.
  • Employee Details: Clearly state the employee's name and social security number. This identification is crucial for processing the withdrawal.
  • Withdrawal Notice: The form serves to withdraw a previous rejection notice. Specify the effective date for the withdrawal.
  • Filing Timeframe: Understand that the withdrawal will not be effective for any injury or disease incurred within one week of filing the notice with the employer.
  • Submission Process: Employers must mail the original form to the Department of Workers Claims in Frankfort, Kentucky. Ensure that it's sent to the correct address.
  • Receipt Acknowledgment: For acknowledgment of the withdrawal filing, include a self-addressed stamped envelope and a photocopy of the form.
  • Contact Information: If questions arise during the process, the Enforcement Branch can be reached at (800) 731-5241 for assistance.