Kentucky Revised Statutes

Ky. Rev. Stat. § 342.185 (2026)

Notice of accident -- Claim for compensation -- Limitation -- Cumulative

✓ current as of May 2026

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trauma injury. (1) Except as provided in subsections (2) and (3) 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. (2) 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. (3) The right to compensation under this chapter resulting from work-related exposure to cumulative trauma injury shall be barred unless notice of the cumulative trauma injury is given within two (2) years from the date the employee is told by a physician that the cumulative trauma injury is work-related. 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 employee is told by a physician that the cumulative trauma injury is work-related. However, the right to compensation for any cumulative trauma injury shall be forever barred, unless an application for adjustment of claim is filed with the commissioner within five (5) years after the last injurious exposure to the cumulative trauma. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 40, sec. 5, effective July 14, 2018. -- 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. Legislative Research Commission Note (7/14/2018). This statute was amended in Section 5 of 2018 Ky. Acts ch. 40. Subsection (2) of Section 20 of that Act reads, "Sections 2, 4, and 5 and subsection (7) of Section 13 of this Act are remedial and shall apply to all claims irrespective of the date of injury or last exposure, provided that, as applied to any fully and finally adjudicated claim, the amount of indemnity ordered or awarded shall not be reduced and the duration of medical benefits shall not be limited in any way."

Notes of Decisions

Cited in 137 cases (19 in the last 5 years), 1943–2026 · leading case: Manalapan Mining Co., Inc. v. Lunsford, 204 S.W.3d 601 (Ky. 2006).

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Manalapan Mining Co., Inc. v. Lunsford, 204 S.W.3d 601 (Ky. 2006). · cites it 48× “OPINION OF THE COURT At issue in this appeal is the application of KRS 342.185 to a hearing loss claim that was filed more than two years after the hazardous noise exposure ceased.”

Osie Daniel Goodgame Jr v. Consol of Kentucky, Inc., 479 S.W.3d 78 (Ky. 2015). · cites it 16× “The Court first recognized the compensability of injuries that resulted from cumulative trauma ‘or gradual wear and tear in 1976.”

Trico Cnty. Dev. & Pipeline v. Smith, 289 S.W.3d 538 (Ky. 2008). · cites it 22× “A majority of the Court of Appeals reversed, however, holding that the claimant complied with KRS 342.185 by giving notice to the employer's insurance carrier.”

Coslow v. Gen. Elec. Co., 877 S.W.2d 611 (Ky. 1994). · cites it 14× “KRS 342.185. The claimants urge this Court to adopt the discovery rule for filing claims in all injury cases.”

Alcan Foil Prods. v. Huff, 2 S.W.3d 96 (Ky. 1999). · cites it 11× “The appeal concerns whether the Administrative Law Judge (ALJ) properly determined that each of the claims arose when the worker became aware that he had sustained a significant hearing loss which was caused by work and that each claim was barred by the two-year period of…”

Granger v. Louis Trauth Dairy, 329 S.W.3d 296 (Ky. 2010). · cites it 12× “OPINION OF THE COURT An Administrative Law Judge (ALJ) dismissed the claimant's application for benefits, having found that he failed to give timely notice as required by KRS 342.185. The Workers' Compensation Board affirmed the decision, and a divided Court of Appeals affirmed…”

Kiser v. Bartley Mining Co., 397 S.W.2d 56 (Ky. Ct. App. 1965). · cites it 15× “On appeal the circuit court set aside the award on the ground that the claim was barred under KRS 342.185. The appellant employe was last employed as a coal miner in November 1957.”

Special Fund v. Clark, 998 S.W.2d 487 (Ky. 1999). · cites it 6× “OPINION OF THE COURT This workers’ compensation appeal concerns the extent to which a claim for a gradual injury to the claimant’s knees was barred by the period of limitations contained in KRS 342.185. *488 Claimant’s date of birth is December 14, 1933.”

Holbrook v. Lexmark Int'l Grp., Inc., 65 S.W.3d 908 (Ky. 2002). · cites it 6× “If the worker continued to sustain additional work-related trauma, and suffered additional injury thereafter, KRS 342.185 operated to prohibit compensation for any disability that was attributable to trauma incurred more than two years preceding the filing of the claim.”

Newberg v. Hudson, 838 S.W.2d 384 (Ky. 1992). · cites it 8× “040, the question presented by this case is whether, and under what circumstances, noncompliance with those provisions will bar an employer from relying upon the two-year statute of limitations for filing a claim contained in KRS 342.185. The claimant was employed by Highland…”

Ford Motor Co. (LAP) v. Curtsinger, 511 S.W.3d 922 (Ky. Ct. App. 2017). · cites it 6× “There is no doubt that a claim for benefits based on the work-related injury to the left shoulder of December, 2009 and resultant surgeries would be barred by the provisions of KRS 342.185. However, at that time, there were no IME’s of the plaintiff, and therefore, no impairment…”

Kentucky Ins. Guar. Ass'n v. Jeffers Ex Rel. Jeffers, 13 S.W.3d 606 (Ky. 2000). · cites it 4× “" It is apparent that the amendment to KRS 342.185 affected things prior to its enactment.”

Show all 137 citing cases →

— Ky. Rev. Stat. § 342.185(1) — 41 cases

Osie Daniel Goodgame Jr v. Consol of Kentucky, Inc., 479 S.W.3d 78 (Ky. 2015). “The Court first recognized the compensability of injuries that resulted from cumulative trauma ‘or gradual wear and tear in 1976.”

Manalapan Mining Co., Inc. v. Lunsford, 204 S.W.3d 601 (Ky. 2006). “OPINION OF THE COURT At issue in this appeal is the application of KRS 342.185 to a hearing loss claim that was filed more than two years after the hazardous noise exposure ceased.”

Hall v. Hosp. Resources, Inc., 276 S.W.3d 775 (Ky. 2008).

Garrett Mining Co. v. Nye, 122 S.W.3d 513 (Ky. 2003).

Brown v. Indiana Ins. Co., 184 S.W.3d 528 (Ky. 2005).

— Ky. Rev. Stat. § 342.185(10) — 1 case

Gen. Elec. Co. v. Turpen, 245 S.W.3d 781 (Ky. Ct. App. 2006).

— Ky. Rev. Stat. § 342.185(2) — 4 cases

Osie Daniel Goodgame Jr v. Consol of Kentucky, Inc. (Ky. 2016).

Consol of Kentucky, Inc. v. Osie Daniel Goodgame Jr (Ky. 2016).

Consol of Kentucky, Inc. v. Osie Daniel Goodgame Jr (Ky. 2015).

— Ky. Rev. Stat. § 342.185(3) — 5 cases

Diane Anderson v. Mountain Comprehensive Health Corp. (Ky. 2021).

Marquis Carter v. Webasto Roof Sys. (Ky. 2024).

Marquis Carter v. Webasto Roof Sys. (Ky. Ct. App. 2023).

Mj Great Clips, Inc. v. Angela Johnson (Ky. Ct. App. 2022).

Jonathan Sizemore v. Kentucky State Police (Ky. Ct. App. 2022).

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