Actions and proceedings; notice; limitation of actions
Sec. 32. (a) No proceedings for compensation under this chapter
shall be maintained unless notice has been given to the employer of
disablement arising from an occupational disease as soon as
practicable after the date of disablement. No defect or inaccuracy of
such notices shall be a bar to compensation unless the employer
proves that he is unduly prejudiced in such proceedings by such
defect or inaccuracy.
(b) The notice provided for in subsection (a) shall state the name
and address of the employee and the nature and cause of the
occupational disease and disablement or death therefrom, and shall
be signed by the disabled employee, or by someone in his behalf, or
by one (1) or more of the dependents, in case of death, or by some
person in their behalf. Such notice may be served personally upon
the employer or upon any foreman, superintendent, or manager of the
employer to whose orders the disabled or deceased employee was
required to conform or upon any agent of the employer upon whom
a summons in a civil action may be served under the laws of the state
or may be sent to the employer by registered letter, addressed to his
last known residence or place of business.
(c) No proceedings by an employee for compensation under this
chapter shall be maintained unless claim for compensation shall be
filed by the employee with the worker's compensation board within
two (2) years after the date of the disablement.
(d) No proceedings by dependents of a deceased employee for
compensation for death under this chapter shall be maintained unless
claim for compensation shall be filed by the dependents with the
worker's compensation board within two (2) years after the date of
death.
(e) No limitation of time provided in this chapter shall run against
any person who is mentally incompetent or a minor dependent, so
long as he has no guardian or trustee.
(Formerly: Acts 1937, c.69, s.25; Acts 1955, c.195, s.2.) As amended
by P.L.144-1986, SEC.73; P.L.28-1988, SEC.60.
Last modified: May 27, 2006