---
kind: "section"
citation: "33 U.S.C. § 912"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "912"
heading: "Notice of injury or death"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/912"
units:
  - "Chapter 18 — Longshore and Harbor Workers’ Compensation"
---

# §912. Notice of injury or death

- (a) **Time limitation—** Notice of an [injury](/usc/33/902.md?p=2) or death in respect of which [compensation](/usc/33/902.md?p=12) is payable under this chapter shall be given within thirty days after the date of such [injury](/usc/33/902.md?p=2) or death, or thirty days after the [employee](/usc/33/902.md?p=3) 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](/usc/33/902.md?p=2) or death and the employment, except that in the case of an occupational disease which does not immediately result in a [disability](/usc/33/902.md?p=10) or death, such notice shall be given within one year after the [employee](/usc/33/902.md?p=3) 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](/usc/33/902.md?p=10). Notice shall be given (1) to the [deputy commissioner](/usc/33/902.md?p=7) in the [compensation](/usc/33/902.md?p=12) district in which the [injury](/usc/33/902.md?p=2) or death occurred, and (2) to the [employer](/usc/33/902.md?p=4).
- (b) **Form and content—** Such notice shall be in writing, shall contain the name and address of the [employee](/usc/33/902.md?p=3) and a statement of the time, place, nature, and cause of the [injury](/usc/33/902.md?p=2) or death, and shall be signed by the [employee](/usc/33/902.md?p=3) or by some [person](/usc/33/902.md?p=1) on his behalf, or in case of death, by any [person](/usc/33/902.md?p=1) claiming to be entitled to [compensation](/usc/33/902.md?p=12) for such death or by a [person](/usc/33/902.md?p=1) on his behalf.
- (c) **Delivery requirements—** Notice shall be given to the [deputy commissioner](/usc/33/902.md?p=7) by delivering it to him or sending it by mail addressed to his office, and to the [employer](/usc/33/902.md?p=4) by delivering it to him or by sending it by mail addressed to him at his last known place of business. If the [employer](/usc/33/902.md?p=4) 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](/usc/33/902.md?p=2) occurred. Each [employer](/usc/33/902.md?p=4) shall designate those agents or other responsible officials to receive such notice, except that the [employer](/usc/33/902.md?p=4) 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](/usc/33/902.md?p=6) and the [employer](/usc/33/902.md?p=4) shall notify his [employees](/usc/33/902.md?p=3) and the [Secretary](/usc/33/902.md?p=6) of such designation in a manner prescribed by the [Secretary](/usc/33/902.md?p=6) in regulations.
- (d) **Failure to give notice—** Failure to give such notice shall not bar any claim under this chapter (1) if the [employer](/usc/33/902.md?p=4) (or his agent or agents or other responsible official or officials designated by the [employer](/usc/33/902.md?p=4) pursuant to [subsection (c)](#c)) or the [carrier](/usc/33/902.md?p=5) had knowledge of the [injury](/usc/33/902.md?p=2) or death, (2) the [deputy commissioner](/usc/33/902.md?p=7) determines that the [employer](/usc/33/902.md?p=4) or [carrier](/usc/33/902.md?p=5) has not been prejudiced by failure to give such notice, or (3) if the [deputy commissioner](/usc/33/902.md?p=7) excuses such failure on the ground that (i) notice, while not given to a responsible official designated by the [employer](/usc/33/902.md?p=4) pursuant to [subsection (c)](#c) of this section, was given to an official of the [employer](/usc/33/902.md?p=4) or the [employer](/usc/33/902.md?p=4)’s insurance [carrier](/usc/33/902.md?p=5), and that the [employer](/usc/33/902.md?p=4) or [carrier](/usc/33/902.md?p=5) was not prejudiced due to the failure to provide notice to a responsible official designated by the [employer](/usc/33/902.md?p=4) pursuant to subsection [(c)](#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](/usc/33/902.md?p=7) at the first hearing of a claim for [compensation](/usc/33/902.md?p=12) in respect of such [injury](/usc/33/902.md?p=2) or death.

## Source credit

(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.)

## Notes

### Editorial Notes

### Amendments

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 Subsidiaries

### Effective 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.