§912 Notice of Injury or Death

Summary

You must tell the deputy commissioner and your employer about any injury or death tied to work within 30 days after it happens, or within 30 days after you learn or reasonably should have learned (including from a doctor) that the injury or death is work-related. For an occupational illness that does not cause immediate disability or death, you must give notice within one year after you learn or reasonably should have learned that the illness is linked to your job and caused the disability or death. The notice must be written, include the worker’s name and address, and say when, where, what kind of injury or death occurred and what caused it. It must be signed by the worker or someone for them, or by a person claiming the death benefit. Give the notice to the deputy commissioner by hand or mail to his office, and to the employer by hand or mail to the employer’s last known business address. If the employer is a partnership or corporation, notice may be given to a partner or an officer/agent in charge. Employers must name which supervisors or officials will accept notices and tell their workers and the Secretary. Not giving notice does not automatically end a claim if the employer or insurer already knew, the deputy commissioner finds no harm from the late notice, or the deputy commissioner excuses the delay for good reasons. Any objection about lack of notice must be made at the first hearing before the deputy commissioner.