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 depositing it in the mail properly stamped and addressed;
(c)be in writing;
(d)state the name and address of the employee;
(e)state the year, month, day, and hour when and the particular locality where the injury or death occurred;
(f)state the cause and nature of the injury, or, in the case of death, the employment factors believed to be the cause; and
(g)be signed by and contain the address of the individual giving the notice.
Subsection (b)(2) is added on authority of former section
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
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1974—Pub. L. 93–416substituted “or death” for “; failure to give” in section catchline, struck out designation of subsec. (a), redesignated cls. (1) to (7) as (a) to (g), and, as so redesignated, inserted provisions relating to notice of death and substituted “30 days” for “48 hours” in cl. (a), and struck out subsec. (b) relating to allowance of compensation.
Effective Date of 1974 Amendment
Amendment by Pub. L. 93–416effective Sept. 7, 1974, and applicable to any injury or death occurring on or after Sept. 7, 1974, see section 28(a) ofPub. L. 93–416, set out as a note under section
8101 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.