Ky. Rev. Stat. » Chapter 342
Kentucky Revised Statutes

Ky. Rev. Stat. § 342.390 (2026)

Employer's election to operate under chapter

✓ current as of May 2026
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Election to operate under this chapter if an employer is not mandatorily subject to the chapter shall be effected by the employer purchasing workers' compensation insurance or qualifying as a self insured. The proof of election shall be the proof of insurance coverage provided for in KRS 342.340(2). History: Amended 1976 Ky. Acts ch. 160, sec. 7. -- Amended 1968 Ky. Acts ch. 159, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4956.

Notes of Decisions
Cited in 6 cases, 1954–1975 · leading case: McNeese Constr. Co. v. Harris, 273 S.W.2d 355 (Ky. Ct. App. 1954).
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McNeese Constr. Co. v. Harris, 273 S.W.2d 355 (Ky. Ct. App. 1954). · cites it 2× “1, which follows the form laid down in KRS 342.390. In the space provided for insertion of the date on which the election was to be effective was written, “1st day of April, 1951.”
Davis v. Turner, 519 S.W.2d 820 (Ky. Ct. App. 1975). · cites it 2× “The Fund undertakes to find support for its argument in the fact that KRS 342.390, 342.395 and 342.340(2) were not amended by the 1972 Act.”
Old Repub. Ins. Co. v. Begley, 314 S.W.2d 552 (Ky. Ct. App. 1958). “The forms by which Lewis signified the acceptance of the provisions of the Workmen’s Compensation Act (filed pursuant to KRS 342.390) stated his business to be “auto sales and service” and that his method of securing payments of compensation was “Coal Operators Casualty Company.”
Young v. Young, 453 S.W.2d 277 (Ky. Ct. App. 1970). “Sometime about the year 1956 Howard elected to operate under the Workmen’s Compensation Act (KRS 342.390) and he secured insurance, but his policy was can-celled on December 7, 1960, and was not reinstated or replaced.”
Jones v. Massey, 432 S.W.2d 823 (Ky. Ct. App. 1968). · cites it 2× “KRS 342.390. We are reversing because the Board had jurisdiction to determine, and should have determined, the question raised by appellant of whether or not, under the facts, appellant’s employer was estopped to deny it was operating under the Act.”
Hatfield v. Commonwealth, 395 S.W.2d 768 (Ky. Ct. App. 1965). “Appellant also complains that the reputation evidence related to a period twelve months prior to the date of indictment, January 15, 1965, instead of twelve months prior to the commission of the offense, December 7, 1964.”
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