§ 8122. Time for making claim
628 words·~3 min read·
/usc/title-5/section-8122A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)An original claim for compensation for disability or death must be filed within 3 years after the injury or death. Compensation for disability or death, including medical care in disability cases, may not be allowed if claim is not filed within that time unless—
(1)the immediate superior had actual knowledge of the injury or death within 30 days. The knowledge must be such to put the immediate superior reasonably on notice of an on-the-job injury or death; or
(2)written notice of injury or death as specified in section 8119 of this title was given within 30 days.
(b)In a case of latent disability, the time for filing claim does not begin to run until the employee has a compensable disability and is aware, or by the exercise of reasonable diligence should have been aware, of the causal relationship of the compensable disability to his employment. In such a case, the time for giving notice of injury begins to run when the employee is aware, or by the exercise of reasonable diligence should have been aware, that his condition is causally related to his employment, whether or not there is a compensable disability.
(c)The timely filing of a disability claim because of injury will satisfy the time requirements for a death claim based on the same injury.
(d)The time limitations in subsections
(a)and
(b)of this section do not—
(1)begin to run against a minor until he reaches 21 years of age or has had a legal representative appointed; or
(2)run against an incompetent individual while he is incompetent and has no duly appointed legal representative; or
(3)run against any individual whose failure to comply is excused by the Secretary on the ground that such notice could not be given because of exceptional circumstances.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 544; Pub. L. 90–83, § 1(57), Sept. 11, 1967, 81 Stat. 210; Pub. L. 93–416, § 14, Sept. 7, 1974, 88 Stat. 1147.)
The last sentence of the Act of June 13, 1922, 42 Stat. 650, is omitted as obsolete.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Connections23 cite this · traces to 3
Cited by 23 sections · top 13
statutes-at-large
register
CFR
- § 10.101How and when is a notice of occupational disease filed?
- § 10.105How and when is a notice of death and claim for benefits filed?
- § 10.912What is required to establish a claim for the death gratuity payment?
- § 10.100How and when is a notice of traumatic injury filed?
- § 10.736What are the time limits for filing a LEO claim?
Traces to 3 documents
15 references not yet in our index
- Pub. L. 89–554
- 80 Stat. 544
- Pub. L. 90–83, § 1(57)
- 81 Stat. 210
- Pub. L. 93–416, § 14
- 88 Stat. 1147
- 42 Stat. 650
- 64 Stat. 1271
- Pub. L. 93–416, § 14(1)
- Pub. L. 93–416, § 14(2)
- Pub. L. 93–416, § 14(3)
- Pub. L. 93–416
- section 23(a) of Pub. L. 93–416
- section 1(57) of Pub. L. 90–83
- section 7 of Pub. L. 90–83
Citation graph
cites case law
§ 8122
Time for making claim
Fed. Reg.×15
C.F.R.×5
U.S.C.×2
Stat.×1
Pub. L.Pub. L. 89–554
Stat.80 Stat. 544
Pub. L.Pub. L. 90–83, § 1(57)
Stat.81 Stat. 210
Pub. L.Pub. L. 93–416, § 14
Cites 18 · showing 8Cited by 23 across 4 sources