§ 912. — Notice of injury or death.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC912]
TITLE 33--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.
Section Referred to in Other Sections
This section is referred to in sections 908, 914, 936 of this title;
title 30 section 932.
