Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 18
Notice of injury or death
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 2
§ 18. Notice of injury or death. Notice of an injury or death for
which compensation is payable under this chapter shall be given to the
employer within thirty days after the accident causing such injury, and
also in case of the death of the employee resulting from such injury,
within thirty days after such death. Such notice may be given by any
person claiming to be entitled to compensation, or by some one in his
behalf. The notice shall be in writing, and contain the name and address
of the employee, and state in ordinary language the time, place, nature
and cause of the injury, and be signed by him or by a person on his
behalf or, in case of death, by any one or more of his dependents, or by
a person, on their behalf. It shall be given to the employer by
delivering it to him or sending it by mail, by registered letter,
addressed to the employer at his or its last known place of business;
provided that, if the employer be a partnership then such notice may be
so given to any one of the partners, and if the employer be a
corporation, then such notice may be given to any agent or officer
thereof upon whom legal process may be served, or any agent in charge of
his business in the place where the injury occurred. The failure to give
notice of injury or notice of death unless excused by the board either
on the ground that notice for some sufficient reason could not have been
given, or on the ground that the employer, or his or its agents in
charge of the business in the place where the accident occurred or
having immediate supervision of the employee to whom the accident
happened, had knowledge of the accident or death, or on the ground that
the employer has not been prejudiced thereby, shall be a bar to any
claim under this chapter, but the employer and the insurance carrier
shall be deemed to have waived such notice unless the objection to the
failure to give such notice or the insufficiency thereof, is raised
before the board on the first hearing of the claim field by such injured
employee, or his or her dependents at which all parties in interest are
present, or represented, and at which the claimant, or principal
beneficiary, testifies.