(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.
Notes of Decisions
Cited in
12
cases (
2 in the last 5 years), 1992–2026 · leading case:
Newberg v. Hudson, 838 S.W.2d 384 (Ky. 1992).
Newberg v. Hudson, 838 S.W.2d 384 (Ky. 1992).
· cites it 13× “The contested issues in this workers’ compensation case involve the employer’s notification obligations under KRS 342.038 and KRS 342.040 and the effect of an employer’s failure to comply with these provisions.”
J & v. Coal Co. v. Hall, 62 S.W.3d 392 (Ky. 2001).
· cites it 6× “The Court of Appeals determined, however, that just as KRS 342.038(1) and KRS 342.040(1) operate together to preclude an employer from manufacturing a limitations defense, they also preclude an employer from asserting a limitations defense if it has failed to file a required…”
Holbrook v. Lexmark Int'l Grp., Inc., 65 S.W.3d 908 (Ky. 2002).
· cites it 4× “With regard to the employer’s obligation under KRS 342.038(1) to notify the Department of Workers’ Claims (Department) that the claimant had been injured, the ALJ noted that a Form SF-1 (first report of injury) was filed on December 8, 1994, two days after the claimant reported…”
H.E. Neumann Co. v. Lee, 975 S.W.2d 917 (Ky. 1998).
· cites it 4× “The sole issue herein is whether the statute of limitations period was tolled due to the fact that the employer failed to comply with *919 the notice requirements of KRS 342.038 or KRS 342.040. The relevant facts in this case are as follows: Claimant alleged that he suffered a…”
Trico Cnty. Dev. & Pipeline v. Smith, 289 S.W.3d 538 (Ky. 2008).
· cites it 2× “[3] KRS 342.038 requires an employer to keep a record of injuries and report them to its insurance carrier, but it requires the insurance carrier to report an injury that causes more than one day's absence from work to the Office of Workers' Claims.”
Am. Printing House for the Blind v. Brown, 142 S.W.3d 145 (Ky. 2004).
“Once informed that a work-related injury is alleged, an employer has certain obligations under KRS 342.038 and KRS 342.040. Likewise, notice of an allegation that a compensable injury occurred on a particular date gives rise to certain contractual obligations on the part of the…”
Colt Mgmt. Co. v. Carter, 907 S.W.2d 169 (Ky. Ct. App. 1995).
· cites it 3× “In New-berg, the employer never gave notice to the Board that there had been an injury as required under KRS 342.038. The employee filed a claim more than two years after the date of the injury, and it was decided that whether the statute of limitations will be tolled due to an…”
Patrick v. Christopher East Health Care, 142 S.W.3d 149 (Ky. 2004).
· cites it 4× “It is equally apparent that the regulation does not pertain to situations where no voluntary benefits are paid and does not require an employer to notify the Department within one week of its refusal to pay voluntary TTD benefits.”
Barbara Smith v. Bledsoe Coal Co. (Ky. 2020).
· cites it 9× “The Board first reviewed the ALJ’s dismissal based upon Smith’s failure to timely file her claim and expressed concern over whether notice and filing requirements pursuant to KRS 342.038, 342.040 and 342.185 were satisfied.”
Lazarus Coal, LLC v. Abram Scott Adkins (Ky. Ct. App. 2026).
· cites it 7× “Moreover, the one-day rule Lazarus Coal refers to is set forth in KRS 342.038. It does not bar an employee who misses less than a day of work from receiving workers’ compensation benefits.”
Glenn Davis v. Blendex Co. (Ky. 2021).
“Barry, the employer paid the employee TTD benefits for a time and later terminated those benefits on the day the employee returned to work.”
— Ky. Rev. Stat. § 342.038(1) — 8 cases
J & v. Coal Co. v. Hall, 62 S.W.3d 392 (Ky. 2001).
“The Court of Appeals determined, however, that just as KRS 342.038(1) and KRS 342.040(1) operate together to preclude an employer from manufacturing a limitations defense, they also preclude an employer from asserting a limitations defense if it has failed to file a required…”
Holbrook v. Lexmark Int'l Grp., Inc., 65 S.W.3d 908 (Ky. 2002).
“With regard to the employer’s obligation under KRS 342.038(1) to notify the Department of Workers’ Claims (Department) that the claimant had been injured, the ALJ noted that a Form SF-1 (first report of injury) was filed on December 8, 1994, two days after the claimant reported…”
H.E. Neumann Co. v. Lee, 975 S.W.2d 917 (Ky. 1998).
“The sole issue herein is whether the statute of limitations period was tolled due to the fact that the employer failed to comply with *919 the notice requirements of KRS 342.038 or KRS 342.040. The relevant facts in this case are as follows: Claimant alleged that he suffered a…”
Colt Mgmt. Co. v. Carter, 907 S.W.2d 169 (Ky. Ct. App. 1995).
“In New-berg, the employer never gave notice to the Board that there had been an injury as required under KRS 342.038. The employee filed a claim more than two years after the date of the injury, and it was decided that whether the statute of limitations will be tolled due to an…”
Patrick v. Christopher East Health Care, 142 S.W.3d 149 (Ky. 2004).
“It is equally apparent that the regulation does not pertain to situations where no voluntary benefits are paid and does not require an employer to notify the Department within one week of its refusal to pay voluntary TTD benefits.”
— Ky. Rev. Stat. § 342.038(3) — 1 case
Lazarus Coal, LLC v. Abram Scott Adkins (Ky. Ct. App. 2026).
“Moreover, the one-day rule Lazarus Coal refers to is set forth in KRS 342.038. It does not bar an employee who misses less than a day of work from receiving workers’ compensation benefits.”
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