The Kentucky 5 form, also known as the Written Notice of Withdrawal, is a document that allows employees to formally withdraw their previous notice of rejection regarding workers' compensation claims. This form is essential for ensuring that employees are covered under the Kentucky Workers' Compensation Act after changing their decision. If you need to fill out this form, click the button below to get started.
The Kentucky 5 form, officially known as the Written Notice of Withdrawal, serves a crucial role in the workers' compensation process within the state of Kentucky. This form is designed for employees who wish to retract their previous notice of rejection regarding workers' compensation coverage. By completing this form, employees can inform their employers of their intent to withdraw the rejection and subsequently seek coverage under the Kentucky Workers' Compensation Act. The form requires essential information, including employer details such as the Federal ID number, name, and nature of business, as well as employee data like name and social security number. Additionally, it includes a section for the effective date of withdrawal and the date the original rejection notice was filed. To ensure compliance, both the employee and employer must acknowledge the filing, and the employer is responsible for submitting the original form to the Department of Workers Claims. Understanding the nuances of this form is vital for employees navigating their rights and benefits under the law, as it establishes a pathway for regaining access to necessary workers' compensation coverage.
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. ____________________
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
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.
Completing the Kentucky 5 form is straightforward. This form serves as a written notice for withdrawing a previous rejection of workers' compensation coverage. Follow the steps below to ensure you fill it out correctly.
The Kentucky 5 form, also known as the Written Notice of Withdrawal, is used by employees to officially withdraw their previous notice of rejection regarding workers' compensation coverage. By submitting this form, the employee indicates their desire to be covered under the Kentucky Workers’ Compensation Act, as outlined in KRS Chapter 342. This form must be completed and filed with both the employer and the Department of Workers Claims.
To fill out the Kentucky 5 form, follow these steps:
Ensure all information is accurate and complete before submitting the form.
Once you submit the Kentucky 5 form, the employer must file the original with the Department of Workers Claims. The withdrawal of the notice will not be effective for any injury or disease incurred less than one week after the notice is filed with the employer. If you want confirmation of the filing, include a self-addressed stamped envelope along with a photocopy of the form.
If you have questions or need assistance regarding the Kentucky 5 form, you can contact the Enforcement Branch of the Department of Workers Claims at (800) 731-5241. They can provide guidance on filling out the form and the filing process.
Failing to provide the correct Federal ID number for the employer can lead to delays in processing.
Not including the employee's social security number can result in the form being rejected.
Leaving the date of withdrawal blank can create confusion about when the notice takes effect.
Not providing a complete address for the employer or employee may cause issues with communication.
Neglecting to sign the form can make it invalid, as a signature is necessary for acknowledgment.
Forgetting to include the date of filing with the Department of Workers Claims can lead to complications.
Failing to notify the employer properly may result in the withdrawal not being recognized.
Not including the notary's signature or seal can invalidate the form.
Omitting the acknowledgment of receipt can create disputes about whether the withdrawal was filed.
Not following the instructions for mailing the form can lead to delays in processing.
The Kentucky 5 form, known as the Written Notice of Withdrawal, is an important document in the workers' compensation process. Several other forms and documents are often used alongside it to ensure compliance and proper communication between employers, employees, and the Department of Workers Claims. Below is a list of these documents with brief descriptions of their purposes.
Each of these forms plays a crucial role in the workers' compensation process in Kentucky. Proper completion and timely submission of these documents help ensure that employees receive the benefits they are entitled to while maintaining compliance with state regulations.
The Kentucky 5 form, which serves as a written notice of withdrawal of a rejection of workers' compensation coverage, shares similarities with the California DWC Form 1. Both documents are used to communicate an employee's decision regarding their workers' compensation claim. The California DWC Form 1 allows employees to report their injury and indicate their desire to withdraw a previous rejection. Just as the Kentucky 5 form requires specific employer and employee information, the California form also mandates details such as the employer's name, address, and the nature of the employee's injury, ensuring clarity in the claims process.
Another document akin to the Kentucky 5 form is the Texas DWC Form-041, which is the "Employee's Notice of Injury." This form allows employees to formally notify their employer of a workplace injury and express their intention to pursue workers' compensation benefits. Similar to the Kentucky 5, it includes sections for both employer and employee details. Both forms emphasize the importance of timely communication between employees and employers to facilitate the processing of claims and ensure that employees receive the benefits they are entitled to.
The Florida Employee's Claim for Compensation form mirrors the Kentucky 5 form in that it serves as a formal request for workers' compensation benefits. This document requires the employee to provide information about the injury, employer, and any prior notices of rejection. Like the Kentucky 5 form, it aims to clarify the employee's status and intent, ensuring that all parties are aware of the employee's desire to withdraw any previous claims against their benefits.
Similar to the Kentucky 5 form, the New York C-3 form, known as the Employee's Claim for Compensation, is used to initiate a workers' compensation claim. This form includes sections for employee and employer information and requires the employee to detail the nature of their injury. Both forms serve to formally document an employee's intention to pursue benefits and provide essential information for processing the claim, fostering transparency in the workers' compensation system.
The Illinois Form 45A, also known as the Employee's Application for Adjustment of Claim, is another document that resembles the Kentucky 5 form. It allows employees to notify their employer of a claim adjustment and express their desire to withdraw a prior rejection. Both forms serve as official notifications, ensuring that employers are aware of the employee's current status and intentions regarding their workers' compensation claims.
The Pennsylvania Employee's Claim Petition is similar to the Kentucky 5 form in that it allows employees to formally request benefits and withdraw previous rejections. This petition requires detailed information about the employee's injury and the employer's response. Both documents emphasize the need for clear communication between the employee and employer, facilitating the claims process and ensuring that all relevant parties are informed of any changes in the employee's status.
The Ohio BWC Form C-92, which is the Request for Hearing, shares similarities with the Kentucky 5 form as it allows employees to formally express their intent regarding workers' compensation claims. While the C-92 form is specifically used for hearing requests, it still requires detailed information about the employee and employer. Both forms aim to provide a clear record of the employee's intentions and ensure that the appropriate parties are notified of any changes in the claims process.
In addition, the Michigan Workers' Compensation Agency's Employee's Application for Benefits resembles the Kentucky 5 form. This application serves as a formal request for workers' compensation benefits and allows employees to withdraw previous rejections. Both documents require comprehensive information from the employee and employer, ensuring that all necessary details are documented for effective processing of claims.
Lastly, the Virginia Workers' Compensation Claim Form is akin to the Kentucky 5 form. This claim form allows employees to formally submit their injury claims and withdraw any prior rejections. Like the Kentucky 5, it includes sections for both employer and employee information, emphasizing the importance of clear communication in the claims process and ensuring that employees can effectively navigate their rights to compensation.
When filling out the Kentucky 5 form, it's important to follow certain guidelines to ensure that your submission is accurate and accepted. Below is a list of things you should and shouldn't do.
Understanding the Kentucky 5 form can be challenging, and there are several misconceptions surrounding it. Let's clear up some of the most common misunderstandings.
This is not true. The Kentucky 5 form is actually used by employees who wish to withdraw their previous notice of rejection. It allows them to opt back into the workers' compensation system.
While the form initiates the withdrawal process, coverage is not immediate. There is a waiting period of one week after filing the notice with the employer before the withdrawal takes effect for any injuries or diseases.
This is incorrect. The employee must file the Kentucky 5 form with their employer. The employer is then responsible for submitting the original form to the Department of Workers Claims.
In fact, notarization is a crucial step. The form must be signed in front of a notary public to confirm that the employee's withdrawal is voluntary and legitimate.
This is misleading. While the form signifies a desire to withdraw the rejection, employees can still face challenges if they wish to change their decision later. It's important to understand the implications of filing this form.
By clarifying these misconceptions, individuals can navigate the workers' compensation process in Kentucky more effectively. Understanding the Kentucky 5 form is essential for making informed decisions about your coverage and rights.
Here are some key takeaways about filling out and using the Kentucky 5 form: