Section 7-206. EMPLOYEE'S NOTICE OF INJURY

 

206.1Under §14 of the Act [§36-313, D.C. Code, 1981 ed.], written Notice of Injury shall be given to the Office and the employer by an employee or beneficiary within thirty (30) days of the injury or within thirty (30) days of awareness of the relationship between the employment and the injury.

 

206.2Notice of Injury shall be made on a form prescribed by the Office and shall contain the following:

 

(a)The name and address of the employer and of the employee;

 

(b)The date, approximate time, and place of the injury;

 

(c)The nature of injury;

 

(d)The cause of the injury;

 

(e)The name of any known witnesses and other relevant circumstances;

 

(f)The signature of the employee, the authorized representative, or the beneficiary;

 

(g)Whether medical treatment has been obtained and from whom; and

 

(h)Any other information the Office deems necessary.

 

206.3Notice of Injury may be either hand delivered or mailed to the Office and to the employer.

 

206.4Notice to an employer who is a partnership shall be sufficient if given to any general partner or agent of the partnership.

 

206.5Notice to an employer who is a corporation shall be sufficient if given to any agent or officer of the corporation authorized to receive legal process or to any person in charge of the business of the corporation in the place where the injury occurred.

 

206.6The failure of an employee or beneficiary to give timely Notice of Injury shall not bar a claim for compensation if the following occurs:

 

(a)The employer, an agent in charge of the business in the place where the injury occurred, or the carrier knew of the injury and its relationship to the employment and the Office determines that no prejudice has resulted from the failure; or

 

(b)The Office excuses the failure upon determining that a satisfactory reason exists why timely Notice of Injury was not given; or

 

(c)Objection to the failure is not raised at any time during the first hearing on the claim- as defined in §299 of this chapter.

 

206.7In determining when an employee or beneficiary became aware or should have been aware of the relationship between the injury and the employment, the Office shall consider all the facts and circumstances of the individual case.

 

206.8In determining when an employer or carrier had knowledge of an injury and its relationship to the employment, the Office shall consider, among other factors, the following:

 

(a)The place where the injury occurred;

 

(b)The time the injury occurred;

 

(c)Actual notification by the employee to an official of the company or the employee's designee;

 

(d)Whether the employer provided medical treatment; and

 

(e)The time when the injury was reported.

 

206.9In determining whether the employer or carrier has been prejudiced by the failure of the employee or beneficiary to give Notice of Injury, the Office shall consider, among other factors, the following:

 

(a)The length of time between the injury and the filing of the claim;

 

(b)Whether the employer was able to investigate the injury or illness at the time it occurred;

 

(c)Whether the failure to give notice has adversely affected the employer's ability to prepare its defense; and

 

(d)Whether the delay prevented the employer from providing medical treatment.

 

source

Notice of Final Rulemaking published at 41 DCR 3213 (June 3, 1994).