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U.S. Code as of:
01/19/04
Section 912. Notice of injury or death
(a) Time limitation
Notice of an injury or death in respect of which compensation is
payable under this chapter shall be given within thirty days after
the date of such injury or death, or thirty days after the employee
or beneficiary is aware, or in the exercise of reasonable diligence
or by reason of medical advice should have been aware, of a
relationship between the injury or death and the employment, except
that in the case of an occupational disease which does not
immediately result in a disability or death, such notice shall be
given within one year after the employee or claimant becomes aware,
or in the exercise of reasonable diligence or by reason of medical
advice should have been aware, of the relationship between the
employment, the disease, and the death or disability. Notice shall
be given (1) to the deputy commissioner in the compensation
district in which the injury or death occurred, and (2) to the
employer.
(b) Form and content
Such notice shall be in writing, shall contain the name and
address of the employee and a statement of the time, place, nature,
and cause of the injury or death, and shall be signed by the
employee or by some person on his behalf, or in case of death, by
any person claiming to be entitled to compensation for such death
or by a person on his behalf.
(c) Delivery requirements
Notice shall be given to the deputy commissioner by delivering it
to him or sending it by mail addressed to his office, and to the
employer by delivering it to him or by sending it by mail addressed
to him at his last known place of business. If the employer is a
partnership, such notice may be given to any partner, or if a
corporation, such notice may be given to any agent or officer
thereof upon whom legal process may be served or who is in charge
of the business in the place where the injury occurred. Each
employer shall designate those agents or other responsible
officials to receive such notice, except that the employer shall
designate as its representatives individuals among first line
supervisors, local plant management, and personnel office
officials. Such designations shall be made in accordance with
regulations prescribed by the Secretary and the employer shall
notify his employees and the Secretary of such designation in a
manner prescribed by the Secretary in regulations.
(d) Failure to give notice
Failure to give such notice shall not bar any claim under this
chapter (1) if the employer (or his agent or agents or other
responsible official or officials designated by the employer
pursuant to subsection (c) of this section) or the carrier had
knowledge of the injury or death, (2) the deputy commissioner
determines that the employer or carrier has not been prejudiced by
failure to give such notice, or (3) if the deputy commissioner
excuses such failure on the ground that (i) notice, while not given
to a responsible official designated by the employer pursuant to
subsection (c) of this section, was given to an official of the
employer or the employer's insurance carrier, and that the employer
or carrier was not prejudiced due to the failure to provide notice
to a responsible official designated by the employer pursuant to
subsection (c) of this section, or (ii) for some satisfactory
reason such notice could not be given; nor unless objection to such
failure is raised before the deputy commissioner at the first
hearing of a claim for compensation in respect of such injury or
death.
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