Section 12Part 3 — Conditions of Compensation
Requirements as to notice of accident and claim for compensation
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Proceedings for the recovery under this Law of compensation for an injury shall not be maintainable unless —
written or oral notice of the accident has been given as soon as practicable after the happening thereof;
written or oral notice of the accident has been given before the workman has voluntarily left the employment in which he was injured;
the claim for compensation with respect to such accident has been made within six months from the occurrence of the accident causing the injury;
in the case of death, the claim for compensation has been made within six months after the date of death or within six months after the date of the accident; or
in the case of death occurring more than six months after the accident causing injury, a claim for compensation has been made by the workman within six months of the accident:
any defect or inaccuracy in such notice shall not be a bar to the maintenance of such proceedings if it is found in the proceeding for settling the claim that the employer is not, or would not, if an amended notice were then given and the hearing postponed, be prejudiced in his defence by the defect or inaccuracy or that such defect or inaccuracy was occasioned by mistake, absence from the Islands or other reasonable cause;
the failure to make a claim within the period specified shall not be a bar to the maintenance of such proceedings if it is found that the failure was occasioned by absence from the Islands or other reasonable cause;
the failure to give such notice or make a claim within the period specified shall not be a bar to the maintenance of such proceedings if there be an acknowledgement in writing, signed by the employer or his authorised agent, that he waives compliance with the provisions of this section and the said provisions shall be deemed to be waived to the extent set out in such acknowledgement; and
if the employer or his authorised agent admit liability to pay compensation, it shall not be necessary for the workman to give any such notice, and the claim for compensation may be made within three months after the date of the admission of liability.
Notice in respect of an injury under this Law may be given to the employer (or if there is more than one employer to one of such employers) or to any foreman or other official under whose supervision the workman is employed, or to any person designated for the purpose by the employer, shall give the name and address of the person injured and shall state in ordinary language the cause of the injury and the date at which the accident happened.
The notice, if in writing, may be given by delivering the same at or sending it by post in a registered letter addressed to the residence or place of business of the person to whom it is to be given.
Where the employer is a body of persons, corporate or incorporate, a notice, if in writing, may also be given by delivering it or by sending it by post in a registered letter addressed to the employer, at the office, or if there be more than one office any one of the offices, of such body.
The workman shall, if required by his employer, supply to him such further particulars of the accident and of the injury as the employer may reasonably require.