§ 25-5-78 — Written Notice to Employer of Accident - Required

For purposes of this article only, an injured employee or the employee’s representative, within five days after the occurrence of an accident, shall give or cause to be given to the employer written notice of the accident. If the notice is not given, the employee or the employee’s dependent shall not be entitled to physician’s or medical fees nor any compensation which may have accrued under the terms of this article, unless it can be shown that the party required to give the notice had been prevented from doing so by reason of physical or mental incapacity, other than minority, fraud or deceit, or equal good reason. Notwithstanding any other provision of this section, no compensation shall be payable unless written notice is given within 90 days after the occurrence of the accident or, if death results, within 90 days after the death.

Legislative History

(Acts 1919, No. 245, p. 206; Code 1923, §7568; Code 1940, T. 26, §294; Acts 1992, No. 92-537, p. 1082, §24.)