33 U.S.C. § 912 — Notice of injury or death

Page 294 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 911 ability or death which occurred prior to October 27, 1972, shall be considered to have occurred on the day following such date. (i) For purposes of this section with respect to a claim for compensation for death or disability due to an occupational disease which does not immediately result in death or disability, the time of injury shall be deemed to be the date on which 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 employ- ment, the disease, and the death or disability. (Mar. 4, 1927, ch. 509, § 10, 44 Stat. 1431; June 24, 1948, ch. 623, § 4, 62 Stat. 603; Pub. L. 92–576, § 11, Oct. 27, 1972, 86 Stat. 1258; Pub. L. 98–426, § 10, Sept. 28, 1984, 98 Stat. 1647.) Editorial Notes AMENDMENTS 1984—Subsec. (d). Pub. L. 98–426, § 10(a)(1), designated existing provisions as par. (1) and added par. (2). Subsec. (f). Pub. L. 98–426, § 10(b), substituted ‘‘subject to this chapter’’ for ‘‘sustained after October 27, 1972,’’ and inserted ‘‘the lesser of—’’ after ‘‘by’’ in introduc- tory language, designated balance of existing provi- sions as par. (1), substituted ‘‘; or’’ for a period at end of par. (1), and added par. (2). Subsec. (i). Pub. L. 98–426, § 10(a)(2), added subsec. (i). 1972—Subsecs. (f) to (h). Pub. L. 92–576 added subsecs. (f) to (h). 1948—Subsec. (a). Act June 24, 1948, included a factor (a 260 multiplier) so as to make this subsec. useful in 5-day week employments. Subsec. (b). Act June 24, 1948, included the new factor (a 260 multiplier) to make this subsec. consistent with subsec. (a). Subsec. (c). Act June 24, 1948, permitted the inclusion of all earnings of the injured workman in determining the employee’s annual earning capacity. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 10(a) of Pub. L. 98–426 effec- tive 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 10(b) of Pub. L. 98–426 effective Sept. 28, 1984, see section 28(a), (e)(1) 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. EFFECTIVE DATE OF 1948 AMENDMENT Amendment by act June 24, 1948, applicable to death or injuries occurring after June 24, 1948, see section 6 of act June 24, 1948, set out as a note under section 906 of this title. § 911. Guardian for minor or incompetent The deputy commissioner may require the ap- pointment by a court of competent jurisdiction, for any person who is mentally incompetent or a minor, of a guardian or other representative to receive compensation payable to such person under this chapter and to exercise the powers granted to or to perform the duties required of such person under this chapter. (Mar. 4, 1927, ch. 509, § 11, 44 Stat. 1431.) § 912. Notice of injury or death (a) Time limitation Notice of an injury or death in respect of which compensation is payable under this chap- ter 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 re- lationship between the injury or death and the employment, except that in the case of an occu- pational disease which does not immediately re- sult 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 ad- vice 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 enti- tled to compensation for such death or by a per- son on his behalf. (c) Delivery requirements Notice shall be given to the deputy commis- sioner 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 busi- ness. If the employer is a partnership, such no- tice may be given to any partner, or if a cor- poration, 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 em- ployer shall designate those agents or other re- sponsible officials to receive such notice, except that the employer shall designate as its rep- resentatives individuals among first line super- visors, 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 em- ployees and the Secretary of such designation in a manner prescribed by the Secretary in regula- tions. (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)) or the carrier had knowledge of the injury or death, (2) the deputy commis- sioner 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 Page 295 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 913 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 rea- son such notice could not be given; nor unless objection to such failure is raised before the dep- uty commissioner at the first hearing of a claim for compensation in respect of such injury or death. (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.) Editorial Notes AMENDMENTS 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 im- mediately 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 reason- able diligence or by reason of medical advice should have been aware, of the relationship between the em- ployment, 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 in- dividuals among first line supervisors, local plant man- agement, and personnel office officials. Such designa- tions shall be made in accordance with regulations pre- scribed 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 offi- cials designated by the employer pursuant to sub- section (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 em- ployer 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 pursu- ant 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 em- ployee or beneficiary is aware or in the exercise of rea- sonable diligence should have been aware of a relation- ship 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 effec- tive 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 appli- cable 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 sec- tion 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. § 913. Filing of claims (a) Time to file Except as otherwise provided in this section, the right to compensation for disability or death under this chapter shall be barred unless a claim therefore is filed within one year after the in- jury or death. If payment of compensation has been made without an award on account of such injury or death, a claim may be filed within one year after the date of the last payment. Such claim shall be filed with the deputy commis- sioner in the compensation district in which such injury or death occurred. The time for fil- ing a claim shall not begin to run until the em- ployee or beneficiary is aware, or by the exercise of reasonable diligence should have been aware, of the relationship between the injury or death and the employment. (b) Failure to file (1) Notwithstanding the provisions of sub- section (a) failure to file a claim within the pe- riod prescribed in such subsection shall not be a bar to such right unless objection to such failure is made at the first hearing of such claim in which all parties in interest are given reason- able notice and opportunity to be heard. (2) Notwithstanding the provisions of sub- section (a), a claim for compensation for death or disability due to an occupational disease which does not immediately result in such death or disability shall be timely if filed within two years 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 employ- ment, the disease, and the death or disability, or within one year of the date of the last payment of compensation, whichever is later. (c) Effect on incompetents and minors If a person who is entitled to compensation under this chapter is mentally incompetent or a minor, the provisions of subsection (a) shall not be applicable so long as such person has no guardian or other authorized representative, but shall be applicable in the case of a person who is mentally incompetent or a minor from the date of appointment of such guardian or other rep- resentative, or in the case of a minor, if no guardian is appointed before he becomes of age, from the date he becomes of age. (d) Tolling provision Where recovery is denied to any person, in a suit brought at law or in admiralty to recover damages in respect of injury or death, on the ground that such person was an employee and that the defendant was an employer within the meaning of this chapter and that such employer had secured compensation to such employee under this chapter, the limitation of time pre- scribed in subsection (a) shall begin to run only from the date of termination of such suit. (Mar. 4, 1927, ch. 509, § 13, 44 Stat. 1432; Pub. L. 92–576, § 12(b), Oct. 27, 1972, 86 Stat. 1259; Pub. L. 98–426, § 12, Sept. 28, 1984, 98 Stat. 1649.) Editorial Notes AMENDMENTS 1984—Subsec. (b). Pub. L. 98–426 designated existing provisions as par. (1) and added par. (2).