Section 14: Notice of accident and application

14. Notice of accident and application (1) Proceedings for the recovery under this Act of compensation for an injury shall not be maintainable unless written notice of the accident has been given by or on behalf of the workman as soon as practicable after the happening of the accident, and before the workman has voluntarily left the employment in which he was injured, and unless the application for compensation with respect to the accident has been made within 6 months from the accident causing the injury, or, in case of death, within 6 months from the time of death. (1A) (a) The want of, or any defect or inaccuracy in, a notice under subsection (1) shall not be a bar to the maintenance of the proceedings where— (i) the employer is proved to have had knowledge of the accident from any other source at or about the time of the accident; or (ii) it is found in the proceedings for setting the claim that the employer is not, or would not, if a notice or an amended notice were then given, and the hearing postponed, be prejudiced W9 – 9 [Issue 1] Workmen’s Compensation Act in his defence by the want, defect or inaccuracy, or that such want, defect or inaccuracy was occasioned by mistake, absence from Mauritius or other reasonable cause. (b) The failure to make an application within the time specified in subsection (1) shall not be a bar to the maintenance of the proceedings where it is found that the failure was occasioned by mistake, absence from Mauritius or other cause. (c) The failure to give notice or make application within the time specified in subsection (1) shall not be a bar to the maintenance of the proceedings where there is an acknowledgement in writing signed by the employer or his authorised agent that he waives compliance with this section, and this section shall be waived to the extent set out in the acknowledgement. (d) Where the employer or his authorised agent admits liability to pay compensation, it shall not be necessary for the workman to give notice under subsection (1) and the application for compensation may be made within 6 months after the date of the admission of liability. (2) A notice in respect of an injury under this Act— (a) may be given— (i) to the employer; (ii) where there is more than one employer, to one of the employers; (iii) to a foreman or other official under whose supervision the workman is employed; or (iv) to a person designated for the purpose by the employer; (b) shall give the name and address of the person injured; and (c) shall state in ordinary language the cause of the injury and the date on which the accident happened. (3) The notice may be given by delivering it at, or sending it by post in a registered letter addressed to, the residence or place of business of the person to whom it is to be given. (4) Where the employer is a body of persons, the notice may also be given by delivering it, or sending it by post in a registered letter addressed to the employer, at the office, or, where there is more than one office, at any of the offices of the body. (5) The workman shall, if required by his employer, supply to him such further particulars of the accident and of the injury as the employer may reasonably require.