§912 Notice of Injury or Death

Summary

You must report a work injury or a work-related death within 30 days after it happens, or within 30 days after you (or the person who will claim benefits) know or should have known, with reasonable care or medical advice, that the injury or death was caused by the job. If the harm is from an occupational disease that does not cause immediate disability or death, you must report within one year after you or the claimant know or should have known the disease was work-related and caused the disability or death. Send the report to the deputy commissioner for the area where the injury or death happened and to the employer. The report must be written, include the worker’s name and address, say when and where the injury or death happened, describe what happened and why, and be signed by the worker or someone acting for them. For a death, it must be signed by the person claiming benefits or someone for them. Give the report in person or mail it to the deputy commissioner’s office, and hand it to the employer or mail it to the employer’s last known business address. For partnerships, any partner may receive the report. For a corporation, give it to an officer or agent who can be served or who runs the business there. Employers must name which supervisors or officials can accept notices and tell their workers and the Secretary. Not reporting on time does not automatically stop a claim if the employer or insurer already knew about the injury, if the deputy commissioner finds the employer was not harmed by the late report, or if the deputy commissioner allows an excuse (for example, the notice went to another company official and no harm resulted, or there was a good reason notice could not be given). If the employer wants to object to late notice, they must raise that objection at the first compensation hearing.