5 U.S.C. § 8119 — Notice of injury or death

Page 943 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8121 tion] shall become effective 60 days from enactment [Sept. 7, 1974] and be applicable to any injury occurring on or after such effective date.’’ § 8119. Notice of injury or death An employee injured in the performance of his duty, or someone on his behalf, shall give notice thereof. Notice of a death believed to be related to the employment shall be given by an eligible beneficiary specified in section 8133 of this title, or someone on his behalf. A notice of injury or death shall— (a) be given within 30 days after the injury or death; (b) be given to the immediate superior of the employee by personal delivery or by depos- iting it in the mail properly stamped and ad- dressed; (c) be in writing; (d) state the name and address of the em- ployee; (e) state the year, month, day, and hour when and the particular locality where the in- jury or death occurred; (f) state the cause and nature of the injury, or, in the case of death, the employment fac- tors believed to be the cause; and (g) be signed by and contain the address of the individual giving the notice. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93–416, § 12(a), Sept. 7, 1974, 88 Stat. 1146.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 765. Sept. 7, 1916, ch. 458, § 15, 39 Stat. 746. 5 U.S.C. 766. Sept. 7, 1916, ch. 458, § 16, 39 Stat. 746. (b) ............. 5 U.S.C. 767. Sept. 7, 1916, ch. 458, § 17, 39 Stat. 746. Subsection (b)(2) is added on authority of former sec- tion 770, which is carried into section 8122, to complete the coverage of this section. Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145). Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1974—Pub. L. 93–416 substituted ‘‘or death’’ for ‘‘; failure to give’’ in section catchline, struck out des- ignation of subsec. (a), redesignated cls. (1) to (7) as (a) to (g), and, as so redesignated, inserted provisions re- lating to notice of death and substituted ‘‘30 days’’ for ‘‘48 hours’’ in cl. (a), and struck out subsec. (b) relating to allowance of compensation. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–416 effective Sept. 7, 1974, and applicable to any injury or death occurring on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93–416, set out as a note under section 8101 of this title. § 8120. Report of injury Immediately after an injury to an employee which results in his death or probable disability, his immediate superior shall report to the Sec- retary of Labor. The Secretary may— (1) prescribe the information that the report shall contain; (2) require the immediate superior to make supplemental reports; and (3) obtain such additional reports and infor- mation from employees as are agreed on by the Secretary and the head of the employing agency. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 543.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 774(a). Sept. 7, 1916, ch. 458, § 24, 39 Stat. 747. .................. 5 U.S.C. 779. Sept. 7, 1916, ch. 458, § 28a, 39 Stat. 748. Oct. 14, 1949, ch. 691, § 205(b), 63 Stat. 864. Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145). Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 8121. Claim Compensation under this subchapter may be allowed only if an individual or someone on his behalf makes claim therefor. The claim shall— (1) be made in writing within the time speci- fied by section 8122 of this title; (2) be delivered to the office of the Secretary of Labor or to an individual whom the Sec- retary may designate by regulation, or depos- ited in the mail properly stamped and ad- dressed to the Secretary or his designee; (3) be on a form approved by the Secretary; (4) contain all information required by the Secretary; (5) be sworn to by the individual entitled to compensation or someone on his behalf; and (6) except in case of death, be accompanied by a certificate of the physician of the em- ployee stating the nature of the injury and the nature and probable extent of the disability. The Secretary may waive paragraphs (3)–(6) of this section for reasonable cause shown. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93–416, § 13, Sept. 7, 1974, 88 Stat. 1147.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 768. Sept. 7, 1916, ch. 458, § 18, 39 Stat. 746. .................. 5 U.S.C. 769. Sept. 7, 1916, ch. 458, § 19, 39 Stat. 746. The words ‘‘except as provided in section 788’’ in former section 768 are omitted as unnecessary as former section 788 dealt with recovery of overpayments after claims were made. Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145). Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report.