33 U.S.C. § 912

Notice of injury or death

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(a) Time limitation

Notice of an injury or death in respect of which compensation is payable under this chapter shall be given within thirty days after the date of such injury or death, or thirty days after the employee or beneficiary is aware, or in the exercise of reasonable diligence or by reason of medical advice should have been aware, of a relationship between the injury or death and the employment, except that in the case of an occupational disease which does not immediately result in a disability or death, such notice shall be given within one year after the employee or claimant becomes aware, or in the exercise of reasonable diligence or by reason of medical advice should have been aware, of the relationship between the employment, the disease, and the death or disability. Notice shall be given (1) to the deputy commissioner in the compensation district in which the injury or death occurred, and (2) to the employer.

(b) Form and content

Such notice shall be in writing, shall contain the name and address of the employee and a statement of the time, place, nature, and cause of the injury or death, and shall be signed by the employee or by some person on his behalf, or in case of death, by any person claiming to be entitled to compensation for such death or by a person on his behalf.

Notice shall be given to the deputy commissioner by delivering it to him or sending it by mail addressed to his office, and to the employer by delivering it to him or by sending it by mail addressed to him at his last known place of business. If the employer is a partnership, such notice may be given to any partner, or if a corporation, such notice may be given to any agent or officer thereof upon whom legal process may be served or who is in charge of the business in the place where the injury occurred. Each employer shall designate those agents or other responsible officials to receive such notice, except that the employer shall designate as its representatives individuals among first line supervisors, local plant management, and personnel office officials. Such designations shall be made in accordance with regulations prescribed by the Secretary and the employer shall notify his employees and the Secretary of such designation in a manner prescribed by the Secretary in regulations.

(d) Failure to give notice

Failure to give such notice shall not bar any claim under this chapter (1) if the employer (or his agent or agents or other responsible official or officials designated by the employer pursuant to subsection (c)) or the carrier had knowledge of the injury or death, (2) the deputy commissioner determines that the employer or carrier has not been prejudiced by failure to give such notice, or (3) if the deputy commissioner excuses such failure on the ground that (i) notice, while not given to a responsible official designated by the employer pursuant to subsection (c) of this section, was given to an official of the employer or the employer’s insurance carrier, and that the employer or carrier was not prejudiced due to the failure to provide notice to a responsible official designated by the employer pursuant to subsection (c), or (ii) for some satisfactory reason such notice could not be given; nor unless objection to such failure is raised before the deputy commissioner at the first hearing of a claim for compensation in respect of such injury or death.

(Mar. 4, 1927, ch. 509, § 12, 44 Stat. 1431; Pub. L. 92–576, § 12(a), Oct. 27, 1972, 86 Stat. 1259; Pub. L. 98–426, § 11, Sept. 28, 1984, 98 Stat. 1648.)Editorial NotesAmendments

1984—Subsec. (a). Pub. L. 98–426, § 11(a), inserted a comma after “aware” and “only by reason of medical advice” after “diligence” and inserted “except that in the case of an occupational disease which does not immediately result in a disability or death, such notice shall be given within one year after the employee or claimant becomes aware, or in the exercise of reasonable diligence or by reason of medical advice should have been aware, of the relationship between the employment, the disease, and the death or disability” in first sentence.

Subsec. (c). Pub. L. 98–426, § 11(b), inserted at end “Each employer shall designate those agents or other responsible officials to receive such notice, except that the employer shall designate as its representatives individuals among first line supervisors, local plant management, and personnel office officials. Such designations shall be made in accordance with regulations prescribed by the Secretary and the employer shall notify his employees and the Secretary of such designation in a manner prescribed by the Secretary in regulations.”

Subsec. (d)(1). Pub. L. 98–426, § 11(c), substituted “(or his agent or agents or other responsible official or officials designated by the employer pursuant to subsection (c))” for “(or his agent in charge of the business in the place where the injury occurred)”, substituted “injury or death, (2)” for “injury or death and”, and substituted “or (3)” for “or (2)”.

Pub. L. 98–426, § 11(c)(4), inserted “(i) notice, while not given to a responsible official designated by the employer pursuant to subsection (c) of this section, was given to an official of the employer or the employer’s insurance carrier, and that the employer or carrier was not prejudiced due to the failure to provide notice to a responsible official designated by the employer pursuant to subsection (c), or (ii)”.

1972—Subsec. (a). Pub. L. 92–576 provided for notice of an injury or death within thirty days after the employee or beneficiary is aware or in the exercise of reasonable diligence should have been aware of a relationship between the injury or death and the employment.

Statutory Notes and Related SubsidiariesEffective Date of 1984 Amendment

Amendment by section 11(a) of Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending on such date, and amendment by section 11(b), (c) of Pub. L. 98–426 effective 90 days after Sept. 28, 1984, and applicable both with respect to claims filed after such 90th day and to claims pending on such 90th day, see section 28(a), (b) of Pub. L. 98–426, set out as a note under section 901 of this title.

Effective Date of 1972 Amendment

Amendment by Pub. L. 92–576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92–576, set out as a note under section 902 of this title.

Notes of Decisions

Cited in 87 cases, 1933–2018 · leading case: United Brands Co. v. Thad Melson, & the Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 594 F.2d 1068 (5th Cir. 1979).

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United Brands Co. v. Thad Melson, & the Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 594 F.2d 1068 (5th Cir. 1979). · cites it 12× “In this case United Brands argues that Melson’s claim is prescribed by both the limitation period of 33 U.S.C. § 912 (a) and 33 U.S.C. § 913 (a).”

U. S. Indus./Fed. Sheet Metal, Inc. v. Dir., Off. of Workers' Comp. Programs, 455 U.S. 608 (1982). · cites it 6× “But § 12(b), 33 U. S. C. § 912 (b), requires that the claimant timely give the Deputy Commissioner and his employer notice of his injury, and provides further that "[s]uch notice .”

Roberts v. Sea-Land Servs., Inc., 132 S. Ct. 1350 (2012). · cites it 2× “529, 532 (1983); 33 U. S. C. §912 (describing the form, content, and timing of the necessary notice and requiring employers to designate a representative to receive the notice); §914(b).”

Sidney A. Osmundsen v. Todd Pac. Shipyard & Travelers Ins. Co., 755 F.2d 730 (9th Cir. 1985). · cites it 4× “See 33 U.S.C. § 912 (a). 1 The Board affirmed the ALJ’s decision on May 22, 1984.”

Liberty Mut. Ins. Co. v. Com. Union Ins. Co., 978 F.2d 750 (1st Cir. 1992). · cites it 2× “and the employment, on the other hand, triggered the running of the statutory period for filing claim notices under 33 U.S.C. § 912 (a). Similarly, former section 13 barred a claim unless filed within a year “after the injury or death.”

Julius Walker, Petitioner-Claimant v. Sun Ship, Inc., 684 F.2d 266 (3rd Cir. 1982). · cites it 5× “In the first appeal, we sustained the contention of the employer, Sun Ship, that claimant Walker was not excused from his failure to comply with the notice requirement contained in section 12(a) of the Act, 33 U.S.C. § 912 (a), by section 12(d)(1) of the Act, 33 U.”

Paducah Marine Ways v. Maurice Thompson Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 82 F.3d 130 (6th Cir. 1996). · cites it 3× “As noted above, all the courts to have considered the amended version of section 913(a) have held that it begins to run only after the employee becomes or should become aware that the work-related injury will impair the employee’s earning capacity.”

Bath Iron Works Corp. v. United States Dep't of Labor, 336 F.3d 51 (1st Cir. 2003). “33 U.S.C. § 912 (a). 5 . It is unclear from the record whether Gertrude first learned of the contents of Dr.”

LaCour v. Lankford Co., Inc., 287 S.W.3d 105 (Tex. App. 2009). · cites it 3× “See 33 U.S.C. §§ 912 (a), 913(a). Lankford Company argued that after receiving a claim, the deputy commissioner conducts an investigation and orders a hearing on the matter, which would be required before any suit could be filed.”

Bechtel Assocs., P.C. & Lumbermens Mut. Cas. Co. v. Sally T. Sweeney & Dir., Off. of Workers' Comp. Programs, Dol, 834 F.2d 1029 (D.C. Cir. 1987). · cites it 3× “” 33 U.S.C. § 912 (a). Failure to give notice, however, may be excused pursuant to § 12(d)(1), which provides that: Failure to give such notice shall not bar any claim under this chapter (1) if the employer .”

Amerada Hess Corp. v. Dir., Off. of Worker's Comp. Programs, 543 F.3d 755 (5th Cir. 2008). · cites it 2× “It states that "[i]n any proceeding for the enforcement of a claim for compensation under this chapter it shall be presumed, in the absence of substantial evidence to the contrary.”

Young v. Hoage, 90 F.2d 395 (D.D.C. 1937). · cites it 4× “Section 12 (a) of the act (33 U. S.C.A. § 912 (a) 1 provides “Notice of an *396 injury or death in respect of which compensation is payable under this chapter shall be given within thirty days after the date of such injury or death (1) to the deputy commissioner in the…”

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— 33 U.S.C. § 912(a) — 1 case

Argonaut Ins. v. Patterson, 846 F.2d 715 (11th Cir. 1988).

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