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Requirements as to notice of accident and claim for compensation

Cap. 303, s. 16 · Revised Edition 2020

(1) Proceedings for the recovery under this Act of compensation for any injury shall not be maintainable unless, (a) written or oral notice of the accident has been given as soon as practicable after the happening thereof; 26 (b) written or oral notice of the accident has been given before the workman has voluntarily left the employment in which he was injured; (c) the claim for compensation with respect to the accident has been made within eighteen months from the occurrence of the accident causing the injury; (d) in the case of death the claim for compensation has been made within six months after the date of death or within eighteen months after the date of the (e) in the case of death occurring more than six months after the accident causing injury, a claim for compensation has been made by the workman within eighteen months of the Provided that, (i) any defect or inaccuracy in the notice shall not be a bar to the maintenance of such proceedings if it is found in the proceedings for settling the claim that the employer is not, or would not, if an amended notice were then given and the hearing postponed, be prejudiced in his defence by the defect or inaccuracy or that such defect or inaccuracy was occasioned by mistake, absence from Belize or other reasonable cause; (ii) the failure to make a claim within the period specified shall not be a bar to the maintenance of such proceedings if it is found that the failure was occasioned by absence from Belize or other reasonable cause; (iii) the failure to give such notice or make a claim within the period specified shall not be a bar to the maintenance of such proceedings if there be an acknowledgment in writing, signed by the employer or his authorized agent, that he waives compliance with this section and this section shall be deemed to be waived to the extent set out in such acknowledgement; (iv) if the employer or his authorised agent admits to pay it shall not be necessary for the workman to give any such notice, and the claim for compensation may be made within three months after the date of the admission of liability; (v) the want of a notice shall not be a bar to the maintenance of proceedings if the employer is proved to have had knowledge of the accident from any other source at or about the time of the accident. (2) Notice in respect of an injury under this Act may be given to the employer (or if there is more than one employer to one of such employers) or to any foreman or other official under whose supervision the workman is employed, or to any person designated for the purpose by the employer, and shall give the name and address of the person injured, and shall state 28 in ordinary language the cause of the injury and the date at which the accident happened. (3) The notice, if in writing, may be given by delivering it at or sending it by post in a registered letter addressed to the residence or place of business of the person to whom it is to be given. (4) Where the employer is a body of persons, corporate or un-incorporate, the notice, if in writing, may also be given by delivering it or by sending it by post in a registered letter addressed to the employer, at the office, or if there be more than one office any one of the offices of such body. (5) The workman shall, if required by his employer, supply to him such further particulars of the accident and of the injury as the employer may reasonably require.
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