§ 11-9-701 — Notice of injury or death

Arkansas § 11-9-701

• Jurisdiction: Arkansas
• Title: 11

Text

(a) (1) Unless an injury either renders the employee physically or mentally unable to do so, or is made known to the employer immediately after it occurs, the employee shall report the injury to the employer on a form prescribed or approved by the Workers' Compensation Commission and to a person or at a place specified by the employer, and the employer shall not be responsible for disability, medical, or other benefits prior to receipt of the employee's report of injury. (2) All reporting procedures specified by the employer must be reasonable and shall afford each employee reasonable notice of the reporting requirements. (3) The foregoing shall not apply when an employee requires emergency medical treatment outside the employer's normal business hours; however, in that event, the employee shall cause a report of the injury to be made to the employer on the employer's next regular business day. (b) (1) Failure to give the notice shall not bar any claim: (A) If the employer had knowledge of the injury or death; (B) If the employee had no knowledge that the condition or disease arose out of and in the course of the employment; or (C) If the commission excuses the failure on the grounds that for some satisfactory reason the notice could not be given. (2) Objection to failure to give notice must be made at or before the first hearing on the claim.

Legislative History

Init. Meas. 1948, No. 4, § 17, Acts 1949, p. 1420; Acts 1975 (Extended Sess., 1976), No. 1227, § 14; 1979, No. 253, § 5; 1986 (2nd Ex. Sess.), No. 10, § 7; A.S.A. 1947, § 81-1317; reen. Acts 1987, No. 1015, § 14.