Notice of occupational disease: Requirements; availability of form; retention.
1. An employee or, in the event of the employee’s death, one of his dependents, shall provide written notice of an occupational disease for which compensation is payable under this chapter to the employer of the employee as soon as practicable, but within 7 days after the employee or dependent has knowledge of the disability and its relationship to the employee’s employment.
2. The notice required by subsection 1 must:
(a) Be on a form prescribed by the Administrator. The form must allow the employee or his dependent to describe briefly the circumstances which caused the disease or death.
(b) Be signed by the employee or by a person on his behalf, or in the event of the employee’s death, by one of his dependents or by a person acting on behalf of the dependent.
(c) Include an explanation of the procedure for filing a claim for compensation.
(d) Be prepared in duplicate so that the employee or his dependent and the employer can retain a copy of the notice.
3. Upon receipt of the notice required by subsection 1, the employer, the employee’s supervisor or the agent of the employer who was in charge of the type of work performed by the employee shall sign the notice. The signature of the employer, the supervisor or the employer’s agent is an acknowledgment of the receipt of the notice and shall not be deemed to be a waiver of any of the employer’s defenses or rights.
4. An employer shall maintain a sufficient supply of the forms required to file the notice required by subsection 1 for use by his employees.
5. An employer shall retain any notice provided pursuant to subsection 1 for 3 years after the date of the receipt of the notice. An employer insured by a private carrier shall not file a notice of injury with the private carrier.
Last modified: February 25, 2006