65.2-600 - Notice of accident. - Virginia Statutes

§ 65.2-600. Notice of accident.

A. Every injured employee or his representative shall immediately on theoccurrence of an accident or as soon thereafter as practicable, give or causeto be given to the employer a written notice of the accident. If notice ofaccident is not given to any statutory employer, such statutory employer maybe held responsible for initial and additional awards of compensationrendered by the Commission if (i) he shall have had at least sixty days'notice of the hearing to ascertain compensability of the accident, and (ii)the statutory employer was not prejudiced by lack of notice of the accident.

B. The notice shall state the name and address of the employee, the time andplace of the accident, and the nature and cause of the accident and theinjury.

C. The employee shall not be entitled to physician's fees nor to anycompensation which may have accrued under the terms of this title prior tothe giving of such notice, unless it can be shown that the employer, hisagent or representative had knowledge of the accident or that the partyrequired to give notice had been prevented from giving notice by reason ofphysical or mental incapacity or the fraud or deceit of some third person.

D. No compensation or medical benefit shall be payable unless such writtennotice is given within thirty days after the occurrence of the accident ordeath, unless reasonable excuse is made to the satisfaction of the Commissionfor not giving such notice and the Commission is satisfied that the employerhas not been prejudiced thereby.

E. No defect or inaccuracy in the notice shall be a bar to compensationunless the employer shall prove that his interest was prejudiced thereby andthen only to such extent as the prejudice.

(Code 1950, §§ 65-82, 65-83; 1968, c. 660, §§ 65.1-85, 65.1-86; 1991, c. 355;1997, c. 288.)