(1)Notice of an injury, for which
compensation and benefits are payable, shall be given by the employer to the
division and insurance carrier, unless the employer is self-insured, within ten days
after the injury, and, in case of the death of any employee resulting from any such
injury or any accident in which three or more employees are injured, the employer
shall give immediate notice thereof to the director. If no such notice is given by the
employer, as required by articles 40 to 47 of this title, such notice may be given by
any person. Any notice required to be filed by an injured employee or, if deceased,
by said employee's dependents may be made and filed by anyone on behalf of such
claimant and shall be considered as done by such claimant if not specifically
disclaimed o
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(1) Notice of an injury, for which
compensation and benefits are payable, shall be given by the employer to the
division and insurance carrier, unless the employer is self-insured, within ten days
after the injury, and, in case of the death of any employee resulting from any such
injury or any accident in which three or more employees are injured, the employer
shall give immediate notice thereof to the director. If no such notice is given by the
employer, as required by articles 40 to 47 of this title, such notice may be given by
any person. Any notice required to be filed by an injured employee or, if deceased,
by said employee's dependents may be made and filed by anyone on behalf of such
claimant and shall be considered as done by such claimant if not specifically
disclaimed or objected to by such claimant in writing filed with the division within a
reasonable time. Such notice shall be in writing and upon forms prescribed by the
division for that purpose and served upon the division by delivering to, or by mailing
by registered mail two copies thereof addressed to, the division at its office in
Denver, Colorado. Upon receipt of such notice from a claimant, the division shall
immediately mail one copy thereof to said employer or said employer's agent or
insurance carrier.
(2) The director and administrative law judges employed by the office of
administrative courts shall have jurisdiction at all times to hear and determine and
make findings and awards on all cases of injury for which compensation or benefits
are provided by articles 40 to 47 of this title. Except in cases of disability or death
resulting from exposure to radioactive materials, substances, or machines or to
fissionable materials, or any type of malignancy caused thereby, or from poisoning
by uranium or its compounds, or from asbestosis, silicosis, and anthracosis, the right
to compensation and benefits provided by said articles shall be barred unless,
within two years after the injury or after death resulting therefrom, a notice
claiming compensation is filed with the division. This limitation shall not apply to
any claimant to whom compensation has been paid or if it is established to the
satisfaction of the director within three years after the injury or death that a
reasonable excuse exists for the failure to file such notice claiming compensation
and if the employer's rights have not been prejudiced thereby, and the furnishing of
medical, surgical, or hospital treatment by the employer shall not be considered
payment of compensation or benefits within the meaning of this section; but, in all
cases in which the employer has been given notice of an injury and fails, neglects,
or refuses to report said injury to the division as required by the provisions of said
articles, this statute of limitations shall not begin to run against the claim of the
injured employee or said employee's dependents in the event of death until the
required report has been filed with the division.
(3) In cases of disability or death resulting from exposure to radioactive
materials, substances, or machines or to fissionable materials, or any type of
malignancy caused thereby, or from poisoning by uranium or its compounds, or
from asbestosis, silicosis, or anthracosis, the right to compensation and benefits
shall be barred unless, within five years after the commencement of disability or
death, a notice claiming compensation is filed with the division.