§ 3 — Notice to be served

§ 3. Notice to be served. No action for recovery of compensation for\ninjury or death under this article shall be maintained unless notice of\nthe time, place and cause of the injury is given to the employer within\none hundred and twenty days and the action is commenced within one year\nafter the occurrence of the accident causing the injury or death. The\nnotice required by this section shall be in writing and signed by the\nperson injured or by some one in his behalf, but if from physical or\nmental incapacity it is impossible for the person injured to give notice\nwithin the time provided in this section, he may give the same within\nten days after such incapacity is removed. In case of his death without\nhaving given such notice, his executor or administrator may give such\nnotice within sixty days after his appointment, but no notice under the\nprovisions of this section shall be deemed to be invalid or insufficient\nsolely by reason of any inaccuracy in stating the time, place or cause\nof the injury if it be shown that there was no intention to mislead and\nthat the party entitled to notice was not in fact misled thereby. If\nsuch notice does not apprise the employer of the time, place or cause of\ninjury, he may, within eight days after service thereof, serve upon the\nsender a written demand for a further notice, which demand must specify\nthe particular in which the first notice is claimed to be defective, and\na failure by the employer to make such demand as herein provided shall\nbe a waiver of all defects that the notice may contain. After service of\nsuch demand as herein provided, the sender of such notice may at anytime\nwithin eight days thereafter serve an amended notice which shall\nsupersede such first notice and have the same effect as an original\nnotice hereunder. The notice required by this section shall be served on\nthe employer, or if there is more than one employer, upon one of such\nemployers, and may be served by delivering the same to or at the\nresidence or place of business of the person on whom it is to be served.\nThe notice or demand may be served by post by letter addressed to the\nperson on whom it is to be served, at his last known place of residence\nor place of business, and if served by post shall be deemed to have been\nserved at the time when the letter containing the same would be\ndelivered in the ordinary course of the post. When the employer is a\ncorporation, notice shall be served by delivering the same or by sending\nit by post addressed to the office or principal place of business of\nsuch corporation.\n