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This entry was published on 2014-09-22
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SECTION 3
Notice to be served
Employers' Liability (EML) CHAPTER 74, ARTICLE 2
§ 3. Notice to be served. No action for recovery of compensation for
injury or death under this article shall be maintained unless notice of
the time, place and cause of the injury is given to the employer within
one hundred and twenty days and the action is commenced within one year
after the occurrence of the accident causing the injury or death. The
notice required by this section shall be in writing and signed by the
person injured or by some one in his behalf, but if from physical or
mental incapacity it is impossible for the person injured to give notice
within the time provided in this section, he may give the same within
ten days after such incapacity is removed. In case of his death without
having given such notice, his executor or administrator may give such
notice within sixty days after his appointment, but no notice under the
provisions of this section shall be deemed to be invalid or insufficient
solely by reason of any inaccuracy in stating the time, place or cause
of the injury if it be shown that there was no intention to mislead and
that the party entitled to notice was not in fact misled thereby. If
such notice does not apprise the employer of the time, place or cause of
injury, he may, within eight days after service thereof, serve upon the
sender a written demand for a further notice, which demand must specify
the particular in which the first notice is claimed to be defective, and
a failure by the employer to make such demand as herein provided shall
be a waiver of all defects that the notice may contain. After service of
such demand as herein provided, the sender of such notice may at anytime
within eight days thereafter serve an amended notice which shall
supersede such first notice and have the same effect as an original
notice hereunder. The notice required by this section shall be served on
the employer, or if there is more than one employer, upon one of such
employers, and may be served by delivering the same to or at the
residence or place of business of the person on whom it is to be served.
The notice or demand may be served by post by letter addressed to the
person on whom it is to be served, at his last known place of residence
or place of business, and if served by post shall be deemed to have been
served at the time when the letter containing the same would be
delivered in the ordinary course of the post. When the employer is a
corporation, notice shall be served by delivering the same or by sending
it by post addressed to the office or principal place of business of
such corporation.