Notice of injury; failure to give

§ 8119. Notice of injury; failure to give (a) An employee injured in the performance of his duty, or someone on his behalf, shall give notice thereof. The notice shall— (1) be given within 48 hours after the injury; (2) be given to the immediate superior of the employee by personal delivery or by depositing it in the mail properly stamped and addressed; (3) be in writing; (4) state the name and address of the employee; (5) state the year, month, day, and hour when and the particular locality where the injury occurred; (6) state the cause and nature of the injury; and (7) be signed by and contain the address of the individual giving the notice. (b) Compensation may be allowed only if the notice is given within 48 hours after the injury or if the immediate superior of the employee has actual knowledge of the injury. However, the Secretary of Labor may allow compensation if— (1) the notice is filed within 1 year after the injury and reasonable cause for the delay is shown; or (2) the requirement for 48 hours’ notice is waived under section 8122 of this title.