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This entry was published on 2014-09-22
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SECTION 9
Liability to pay compensation; notice of accident
Employers' Liability (EML) CHAPTER 74, ARTICLE 2
§ 9. Liability to pay compensation; notice of accident. If personal
injury by accident arising out of and in the course of the employment is
caused to the employee, the employer shall, subject as hereinafter
mentioned, be liable to pay compensation under the plan at the rates set
out in section ten of this article: provided that the employer shall not
be liable in respect of any injury which does not disable the employee
for a period of at least two weeks from earning full wages at the work
at which he was employed, and that the employer shall not be liable in
respect of any injury to the employee which is caused by the serious and
willful misconduct of that employee. No proceedings for recovery under
the plan provided hereby shall be maintained unless notice of the
accident has been given to the employer as soon as practicable after the
happening thereof and before the employee has voluntarily left the
employment in which he was injured and during such disability, and
unless claim for compensation with respect to the accident has been made
within six months from the occurrence of the accident, or in the case of
death of the employee, or in the event of his physical or mental
incapacity within six months after such death or removal of such
physical or mental incapacity, or in event that weekly payments have
been made under the plan, within six months after such payments have
ceased; but no want of or defect or inaccuracy of a notice shall be a
bar to the maintenance of proceedings under the plan unless the employer
proves that he is prejudiced by said want, defect or inaccuracy. Notice
of the accident shall apprise the employer of the claim for compensation
under this plan and shall state the name and address of the employee
injured, the date and place of the accident and in simple language the
cause thereof. The notice may be served personally or by sending it by
mail in a registered letter addressed to the employer at his last known
residence or place of business.