§ 912. Notice of injury or death

Statutory text

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.

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.

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.

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)) 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), 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1927
Pub. L. 69–509 § 12 · 44 Stat. 1424
Enacted · 33 U.S.C. § 912
Mar. 4, 1927, ch. 509, § 12, 44 Stat. 1431
Source evidence
Code source credit
Mar. 4, 1927, ch. 509, § 12, 44 Stat. 1431
1972
Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972
Pub. L. 92–576 § 12(a) · 86 Stat. 1251
Changed · 33 U.S.C. § 912(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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(a) Section 12(a) of the Longshoremen’s and Harbor Workers’ Compensation Act is amended to read as follows: “Sec. 12. (a) Notice of an injury or death in respect of which 44 Stat. 1431. 33 USC 912. compensation is payable under this Act 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 should have been aware of a relationship between the injury or death and the employment. Such notice shall be given (1) to the deputy commissioner in the compensation district in which the injury occurred, and (2) to the employer.”
1984
Longshore and Harbor Workers’ Compensation Act Amendments of 1984
Pub. L. 98–426 § 11(a) · 98 Stat. 1639
1. Inserted · 33 U.S.C. § 912(a)
  Pub. L. 98–426, § 11(a), inserted a comma after “aware” and “only by reason of medical advice” after “diligence”
2. Inserted · 33 U.S.C. § 912(a)
  Pub. L. 98–426, § 11(a), 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
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–426, § 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.
Enacted provision · exact public law section
(a) Section 12(a) is amended to read as follows: “Sec. 12. (a) Notice of an injury or death in respect of which compensation is payable under this Act 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.”.
Effective date note
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.
1984
Longshore and Harbor Workers’ Compensation Act Amendments of 1984
Pub. L. 98–426 § 11(b) · 98 Stat. 1639
Inserted · 33 U.S.C. § 912(c)
Pub. L. 98–426, § 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.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–426, § 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.”
Enacted provision · exact public law section
(b) Section 12(c) is amended by adding at the end thereof the following: “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.”.
Effective date note
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.
1984
Longshore and Harbor Workers’ Compensation Act Amendments of 1984
Pub. L. 98–426 § 11(c) · 98 Stat. 1639
1. Substituted · 33 U.S.C. § 912(d)(1)
  Pub. L. 98–426, § 11(c), substituted “(or his agent or agents or other responsible official or officials designated by the employer pursuant to subsection (c))” for “(or his agent in charge of the business in the place where the injury occurred)”
2. Substituted · 33 U.S.C. § 912(d)(1)
  Pub. L. 98–426, § 11(c), substituted “injury or death, (2)” for “injury or death and”
3. Substituted · 33 U.S.C. § 912(d)(1)
  Pub. L. 98–426, § 11(c), substituted “or (3)” for “or (2)”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 98–426, § 11(c), substituted “(or his agent or agents or other responsible official or officials designated by the employer pursuant to subsection (c))” 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)”.
Enacted provision · exact public law section
(c) Section 12(d) is amended— (1) by striking out “(or his agent in charge of the business in the place where the injury occurred)” and inserting in lieu thereof the following: “(or his agent or agents or other responsible official or officials designated by the employer pursuant to subsection (c))”; (2) by striking out “injury or death and” and inserting in lieu thereof “injury or death, (2)”; (3) by striking out “or (2)” and inserting in lieu thereof “or (3)”; and (4) by inserting after “the ground that” in the clause redesignated as clause (3) (by paragraph (3) of this subsection) the following: “(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), or (ii)”
Effective date note
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.
1984
Longshore and Harbor Workers’ Compensation Act Amendments of 1984
Pub. L. 98–426 § 11(c)(4) · 98 Stat. 1639
Inserted · 33 U.S.C. § 912(d)(1)
Pub. L. 98–426, § 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), or (ii)”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 98–426, § 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), or (ii)”.
Enacted provision · exact public law section
(4) by inserting after “the ground that” in the clause redesignated as clause (3) (by paragraph (3) of this subsection) the following: “(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), or (ii)”
Effective date note
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.

8 of 9 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1972–1984 · 2 rounds

1984

Subsec. (a). Pub. L. 98–426, § 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, § 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, § 11(c), substituted “(or his agent or agents or other responsible official or officials designated by the employer pursuant to subsection (c))” 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, § 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), 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.

Statutory Notes and Related Subsidiaries

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.

Credits

1927–1984 · 3 acts

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

Show as published

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