Time for making claim

§ 8122. Time for making claim (a) An original claim for compensation— (1) for death shall be made within 1 year after the death; and (2) for disability shall be made within 60 days after the injury. However, the Secretary of Labor may allow an original claim for disability to be made within 1 year after the injury for reasonable cause shown. (b) In a case of latent disability due to radiation or other cause, the time for filing claim does not begin to run until the employee has a compensable disability and is aware, or by the exercise of reasonable diligence should have been aware, of the causal relationship of the compensable disability to his employment. In such a case, the time for giving notice of injury begins to run when the employee is aware, or by the exercise of reasonable diligence should have been aware, that his condition is causally related to his employment, whether or not there is a compensable disability. (c) The Secretary may waive compliance with the requirements of this subchapter for giving notice of injury and for filing claim for compensation for disability or death if— (1) a claim is filed within 5 years after the injury or death; and (2) the Secretary finds— (A) that the failure to comply was due to circumstances beyond the control of the individual claiming benefits; or (B) that the individual claiming benefits has shown sufficient cause or reason in explanation of, and material prejudice to the interest of the United States has not resulted from, the failure.