Workmen's Compensation Act, 1934

PART IV.

Conditions of Compensation.

Notice of accident generally.

28.—(1) Subject to the provisions of this and the next following section, proceedings for the recovery under this Act of compensation for an injury shall not be maintained unless notice (in this Act referred to as notice of accident) in writing of the accident has been given as soon as practicable after the happening thereof and before the workman has voluntarily left the employment in which he was injured.

(2) The want of or any defect or inaccuracy in a notice of accident shall not be a bar to the maintenance of proceedings for the recovery of compensation for any injury if the employer is proved to have had knowledge of the accident from any other source at or about the time of the accident, or if the Court is satisfied on the hearing of such proceedings that the employer is not, or would not, if a notice or amended notice were then given and the hearing postponed, be prejudiced in his defence by such want, defect or inaccuracy, or that such want, defect or inaccuracy was occasioned by mistake, absence from Saorstát Eireann or other reasonable cause.

(3) A notice of accident shall give the name and address of the person injured and shall state in ordinary language the cause of the injury and the date at which the accident happened.

(4) A notice of accident 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.

(5) A notice of accident may be given by delivering the same 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.

(6) Where the employer is a body of persons corporate or incorporate, a notice of accident may also be given by delivering it or 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.