TITLE 33 > CHAPTER 18 > § 912

 
                NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
 
Sec. 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.

(Mar. 4, 1927, ch. 509, Sec. 12, 44 Stat. 1431; Pub. L. 92-576, 
Sec. 12(a), Oct. 27, 1972, 86 Stat. 1259; Pub. L. 98-426, Sec. 11, Sept. 
28, 1984, 98 Stat. 1648.)


                               Amendments

    1984--Subsec. (a). Pub. L. 98-426, Sec. 11(a), inserted a comma 
after ``aware'' and ``only by reason of medical advice'' after 
``diligence'' and inserted ``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'' in first 
sentence.
    Subsec. (c). Pub. L. 98-426, Sec. 11(b), inserted at end ``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.''
    Subsec. (d)(1). Pub. L. 98-426, Sec. 11(c), substituted ``(or his 
agent or agents or other responsible official or officials designated by 
the employer pursuant to subsection (c) of this section)'' for ``(or his 
agent in charge of the business in the place where the injury 
occurred)'', substituted ``injury or death, (2)'' for ``injury or death 
and'', and substituted ``or (3)'' for ``or (2)''.
    Pub. L. 98-426, Sec. 11(c)(4), inserted ``(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 
title, or (ii)''.
    1972--Subsec. (a). Pub. L. 92-576 provided for notice of an injury 
or death within thirty days after the employee or beneficiary is aware 
or in the exercise of reasonable diligence should have been aware of a 
relationship between the injury or death and the employment.


                    Effective Date of 1984 Amendment

    Amendment by section 11(a) of Pub. L. 98-426 effective Sept. 28, 
1984, and applicable both with respect to claims filed after such date 
and to claims pending on such date, and amendment by section 11(b), (c) 
of Pub. L. 98-426 effective 90 days after Sept. 28, 1984, and applicable 
both with respect to claims filed after such 90th day and to claims 
pending on such 90th day, see section 28(a), (b) of Pub. L. 98-426, set 
out as a note under section 901 of this title.


                    Effective Date of 1972 Amendment

    Amendment by Pub. L. 92-576 effective 30 days after Oct. 27, 1972, 
see section 22 of Pub. L. 92-576, set out as a note under section 902 of 
this title.