Homepage Blank Kentucky 5 Form
Outline

The Kentucky 5 form, officially known as the Written Notice of Withdrawal, plays a crucial role in the workers' compensation process in Kentucky. This form is specifically designed for employees who wish to retract a previously filed notice of rejection regarding their workers' compensation claim. By submitting this form, an employee notifies their employer of their intent to withdraw the rejection and expresses a desire to be covered under the provisions of the Kentucky Workers’ Compensation Act. Essential information is required on the form, including the employer’s details, the employee’s information, and the dates pertinent to the rejection notice. It is important to note that the withdrawal will not be effective for any injury or disease incurred less than one week after the notice is filed. Furthermore, the employer is responsible for filing the original form with the Department of Workers Claims. For those who want confirmation of their filing, a copy of the form and a self-addressed stamped envelope should be included. Understanding the Kentucky 5 form and its requirements can significantly impact an employee's ability to secure the benefits they are entitled to under the law.

Sample - Kentucky 5 Form

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.

Form Information

Fact Name Details
Purpose The Kentucky 5 form is used by employees to withdraw a previous notice of rejection for workers' compensation coverage.
Governing Law This form is governed by KRS 342.395(3), which outlines the procedures for withdrawing a notice of rejection.
Filing Requirements Employees must file the original form with their employer and ensure it is mailed to the Department of Workers Claims.
Effective Date The withdrawal notice becomes effective one week after it is filed with the employer.
Acknowledgment To receive acknowledgment of the filing, employees should include a self-addressed stamped envelope with their submission.

Detailed Guide for Filling Out Kentucky 5

Completing the Kentucky 5 form requires careful attention to detail. This form serves as a written notice of withdrawal of a previous rejection notice regarding workers' compensation. After filling out the form, it must be submitted to the employer and subsequently mailed to the Department of Workers Claims.

  1. Obtain the Kentucky 5 form from the appropriate source.
  2. Fill in the employer's Federal ID number in the designated space.
  3. Provide the employer's name, phone number, and street address.
  4. Include the city, state, and ZIP code of the employer's location.
  5. Indicate the nature of the business and the number of employees.
  6. Enter the employee's name and social security number.
  7. Fill in the employee's street address, phone number, city, state, and ZIP code.
  8. State the effective date of the withdrawal notice.
  9. Provide the date when the rejection notice was filed with the Department of Workers Claims.
  10. Sign the form to indicate the employee's intent to withdraw the notice of rejection.
  11. Include the date of signing.
  12. Have the form notarized by a notary public, who will complete their section.
  13. Complete the acknowledgment of receipt and filing section by filling in the employee's name and the date the withdrawal was filed with the employer.
  14. Have the employer sign the form, indicating their title and the date of acknowledgment.
  15. Mail the original form to the Department of Workers Claims at the specified address.
  16. If desired, include a photocopy of the form and a self-addressed stamped envelope for acknowledgment of receipt.

Obtain Answers on Kentucky 5

  1. What is the purpose of the Kentucky 5 form?

    The Kentucky 5 form, also known as the Written Notice of Withdrawal, serves to formally notify an employer that an employee wishes to withdraw their previous written notice of rejection regarding workers' compensation coverage. This form is crucial for employees who initially opted out of coverage but have since decided to be covered under the Kentucky Workers’ Compensation Act.

  2. Who needs to fill out the Kentucky 5 form?

    Any employee who has previously submitted a notice of rejection regarding workers' compensation benefits and now wishes to withdraw that rejection must complete the Kentucky 5 form. It is essential for individuals who want to ensure they are covered for any workplace injuries or illnesses under Kentucky law.

  3. What information is required on the form?

    The Kentucky 5 form requires several key pieces of information:

    • Employer data, including federal ID number, name, phone number, and address.
    • Employee data, such as name, Social Security number, address, and phone number.
    • The effective date of the withdrawal and the date the original rejection notice was filed.

    Completing all sections accurately is vital to ensure the withdrawal is processed without delays.

  4. How does the withdrawal process work?

    Once the Kentucky 5 form is completed, the employee must submit it to their employer. The employer is then responsible for filing the original form with the Department of Workers Claims. It is important to note that the withdrawal will not take effect for any injury or disease incurred less than one week after the notice is filed with the employer.

  5. What should I do if I want to confirm my withdrawal has been received?

    To confirm that your withdrawal has been acknowledged by the Department of Workers Claims, you should include a self-addressed stamped envelope along with a photocopy of the original Kentucky 5 form when you submit it. This way, you will receive a confirmation back from the department, ensuring that your request has been processed.

  6. What happens if I change my mind after submitting the Kentucky 5 form?

    If you decide to withdraw your withdrawal after submitting the Kentucky 5 form, you may need to consult with legal counsel or contact the Department of Workers Claims for guidance. The process of changing your decision may involve additional paperwork and could depend on the specific circumstances of your case.

  7. Where can I get assistance if I have questions about the Kentucky 5 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 and answer any specific questions you may have about the form or the withdrawal process.

Common mistakes

Completing the Kentucky 5 form can be straightforward, but many people make common mistakes that can delay processing. One frequent error is failing to provide complete employer information. The form requires the federal ID number, employer name, and contact details. Omitting any of these can lead to confusion and potential rejection of the form.

Another common mistake is incorrect or incomplete employee data. It’s crucial to fill in the employee's name and social security number accurately. A simple typo can result in complications when processing the withdrawal. Ensure that all information matches official documents to avoid unnecessary delays.

People often overlook the importance of the effective date. The form requires an effective date for the withdrawal notice. Failing to specify this date can lead to misunderstandings regarding the timeline of coverage. It’s essential to double-check this detail before submitting the form.

Finally, many individuals forget to include the necessary acknowledgments. The form must be signed and dated by both the employee and a notary public. Additionally, the employer must acknowledge receipt of the withdrawal notice. Neglecting these signatures can render the form invalid, causing further complications. Always ensure that all required signatures are in place before submission.

Documents used along the form

The Kentucky 5 form, known as the Written Notice of Withdrawal, is an important document used in the context of workers' compensation. Alongside this form, there are several other documents that play crucial roles in the workers' compensation process in Kentucky. Below is a list of these related forms and documents, each described to provide clarity on their purpose and function.

  • Kentucky Form 4: This form is the Written Notice of Rejection. It is filed by an employee to formally reject an employer's offer of workers' compensation benefits. This rejection can be withdrawn later using the Kentucky 5 form.
  • Kentucky Form 6: Known as the Application for Resolution of a Claim, this form is used by employees to initiate a dispute regarding their workers' compensation claim. It helps in seeking a resolution when there are disagreements over benefits.
  • Kentucky Form 101: This is the Application for Income Benefits. Employees use this form to apply for income benefits due to work-related injuries or illnesses. It outlines the specifics of the claim and the benefits being sought.
  • Kentucky Form 110: The Employee's Report of Injury form is used to report a work-related injury. It captures essential details about the incident, including the nature of the injury and the circumstances surrounding it.
  • Kentucky Form 111: This is the Employer's Report of Injury. Employers must complete this form when an employee is injured on the job. It provides the employer's perspective on the incident and is crucial for processing claims.
  • Kentucky Form 114: This form is the Medical Report of Injury. It is submitted by medical professionals to provide details about the employee's injury and the treatment provided. This documentation is vital for assessing the claim's validity.
  • Kentucky Form 115: Known as the Notice of Claim, this form is filed by the employee to formally notify the employer and the Department of Workers Claims about a claim for benefits. It initiates the claims process.
  • Kentucky Form 120: This is the Final Settlement Agreement form. It is used when both the employer and employee agree to settle a claim. This document outlines the terms of the settlement and is essential for closing the case.
  • Kentucky Form 130: The Claimant's Application for Review is used when an employee seeks a review of a decision made regarding their workers' compensation claim. It serves as a request for reconsideration of the case.

Each of these forms and documents plays a significant role in the workers' compensation process in Kentucky. Understanding their functions can help both employees and employers navigate the complexities of workers' compensation claims more effectively. Properly completing and submitting these forms ensures that all parties involved are aware of their rights and responsibilities, ultimately leading to a smoother claims process.

Similar forms

The Kentucky 5 form serves a specific purpose within the realm of workers' compensation, allowing an employee to withdraw a prior rejection of coverage. Several other documents share similarities with this form, primarily in their function of formalizing communication regarding employment-related matters. Below is a list of nine such documents, each accompanied by a brief explanation of their similarities to the Kentucky 5 form.

  • Form 4 - Notice of Rejection: This document is the initial notice that an employee submits to reject workers' compensation coverage. Like the Kentucky 5 form, it requires specific employer and employee information and serves as a formal communication tool.
  • Form 6 - Notice of Claim: This form is used by employees to formally file a claim for workers' compensation benefits. Both the Form 6 and the Kentucky 5 involve the employee's assertion of rights under the Workers' Compensation Act.
  • Form 7 - Employer's First Report of Injury: This document is submitted by employers to report an employee's injury. Similar to the Kentucky 5, it necessitates accurate data from both parties to ensure proper processing of claims.
  • Form 8 - Employee's Claim for Compensation: Employees use this form to claim compensation for work-related injuries. It mirrors the Kentucky 5 in that it formalizes the employee's intent and provides necessary details for processing.
  • Form 9 - Notice of Termination of Benefits: This form notifies an employee about the termination of their workers' compensation benefits. Like the Kentucky 5, it serves as a formal notification that impacts the employee's rights.
  • Form 10 - Request for Hearing: Employees may use this form to request a hearing regarding disputes over workers' compensation claims. Both forms require detailed information and serve to formalize the employee's position.
  • Form 11 - Medical Release Authorization: This document allows employers to access an employee's medical records related to a claim. Similar to the Kentucky 5, it involves consent and communication between the employee and employer.
  • Form 12 - Settlement Agreement: This form is used when parties reach an agreement on compensation. Like the Kentucky 5, it signifies a formal decision-making process regarding workers' compensation rights.
  • Form 13 - Waiver of Rights: Employees may use this document to waive certain rights under the Workers' Compensation Act. Both the Kentucky 5 and this waiver require clear intent and formal acknowledgment of decisions made by the employee.

In summary, these documents share a common goal of facilitating communication and formalizing decisions related to workers' compensation. They each play a crucial role in ensuring that employees and employers navigate the complexities of workers' rights and obligations effectively.

Dos and Don'ts

When filling out the Kentucky 5 form, it is crucial to ensure accuracy and completeness. Here are four important dos and don'ts to keep in mind:

  • Do provide accurate employer and employee information, including the federal ID number and social security number.
  • Do sign and date the form before submitting it to ensure it is valid.
  • Don't forget to mail the original form to the Department of Workers Claims as instructed.
  • Don't submit the form without a self-addressed stamped envelope if you wish to receive acknowledgment of your filing.

By following these guidelines, individuals can navigate the process of withdrawing their notice of rejection more effectively.

Misconceptions

Understanding the Kentucky 5 form is crucial for both employers and employees involved in workers' compensation claims. However, several misconceptions can lead to confusion. Below is a list of common misconceptions about the Kentucky 5 form, along with clarifications to help set the record straight.

  • The Kentucky 5 form is optional. Many believe that filing the form is optional, but it is necessary for withdrawing a notice of rejection to ensure coverage under the Workers’ Compensation Act.
  • Only employees can file the Kentucky 5 form. While primarily an employee's responsibility, employers also play a role by ensuring the form is filed with the Department of Workers Claims.
  • The withdrawal is immediate. Some think that filing the Kentucky 5 form results in immediate withdrawal. However, the withdrawal is only effective after one week from the filing date.
  • Filing the Kentucky 5 form guarantees compensation. Filing the form does not guarantee that compensation will be awarded; it merely allows for coverage under the Workers’ Compensation Act.
  • All injuries are covered immediately. A common misunderstanding is that all injuries are covered once the form is filed. Coverage depends on the timing of the injury in relation to the filing.
  • There is no need for a notary. Some individuals believe a notary is not required. However, the form must be notarized to validate the employee's signature.
  • The employer does not need to acknowledge receipt. It is a misconception that employers can ignore the acknowledgment of receipt. They must confirm that the withdrawal notice was received and filed appropriately.
  • Only one form is needed for multiple withdrawals. Some think a single Kentucky 5 form can be used for multiple withdrawal requests. Each withdrawal requires a separate form to ensure proper documentation.
  • Self-addressed stamped envelopes are not necessary. Many overlook the importance of including a self-addressed stamped envelope. This is crucial for receiving acknowledgment from the Department of Workers Claims.
  • Contacting the Enforcement Branch is unnecessary. Some believe they can navigate the process without assistance. However, contacting the Enforcement Branch can provide valuable guidance and clarify any uncertainties.

Being informed about these misconceptions can help streamline the process and ensure that both employees and employers comply with the necessary requirements. Always seek clarification when in doubt, as proper understanding is key to navigating workers' compensation effectively.

Key takeaways

Filling out and using the Kentucky 5 form is an important step for employees wishing to withdraw a previous notice of rejection regarding workers' compensation. Here are some key takeaways to keep in mind:

  • Purpose of the Form: The Kentucky 5 form serves as a written notice for an employee to withdraw their rejection of workers' compensation coverage.
  • Employer Information: Accurate employer details are crucial. This includes the federal ID number, employer name, and contact information.
  • Employee Details: The form requires specific information about the employee, such as name, Social Security number, and address.
  • Effective Date: Clearly state the effective date of the withdrawal. This date is essential for processing the request.
  • Filing Timeline: Be aware that the withdrawal will not be effective for any injury or disease incurred less than one week after the notice is filed.
  • Submission Requirements: The original form must be mailed to the Department of Workers Claims. Ensure it is sent to the correct address.
  • Acknowledgment of Receipt: If you want confirmation that your withdrawal was received, include a self-addressed stamped envelope with a copy of the form.
  • Contact Information: For any questions or concerns, reach out to the Enforcement Branch at (800) 731-5241 for assistance.

By following these guidelines, employees can navigate the process of withdrawing a notice of rejection more effectively and ensure compliance with Kentucky's workers' compensation laws.