40. Notice of injury or death. Notice of an injury or death for which benefits are to be paid or provided under this chapter shall be given to the political subdivision liable for the payment thereof within ninety days after such injury or death except that such notice need not be given if a claim is filed pursuant to section forty-one of this chapter within ninety days after such injury or death. Either such notice may be given by any person claiming to be entitled to such benefits or by someone in his behalf. The notice shall be in writing, shall contain the name and address of the volunteer fireman, and state in ordinary language the time, place, nature and cause of the injury and shall be signed by him or by a person on his behalf or, in case of death, by any one or more of his dependents, or by a person on their behalf. The notice shall be given to the clerk of the board of supervisors of the county, the comptroller or chief financial officer of the city, the town clerk of the town, the clerk of the village or the secretary of the fire district, as the case may be, by delivering it to such officer or by registered letter properly addressed to such officer. The failure to give notice of injury or notice of death shall be a bar to any claim under this chapter unless such failure is excused by the workmen's compensation board on any of the following grounds, (1) that for some sufficient reason the notice could not have been given, (2) that a member of a body in charge of, or any officer of, the fire department or fire company had knowledge within such ninety-day period of the injuries or death, (3) that the political subdivision, or its insurance carrier had not been prejudiced by a delay in giving such notice, or (4) that the cause of disablement or death was not known to be the result of service performed in line of duty as a volunteer fireman in sufficient time to comply with the provisions of this section.
Last modified: February 3, 2019