Section 40. Notice of injury or death  


Latest version.
  • Notice of an injury or death for
      which benefits are to be paid or provided under this  chapter  shall  be
      given  to  the  political subdivision or the volunteer ambulance company
      liable for the payment thereof within ninety days after such  injury  or
      death  except  that  such  notice  need not be given if a claim is filed
      pursuant to section forty-one of this article within ninety  days  after
      such  injury  or  death.  Either  such notice may be given by any person
      claiming to be entitled to such benefits or by someone  in  his  behalf.
      The  notice  shall  be in writing, shall contain the name and address of
      the volunteer ambulance worker, and state in ordinary language the time,
      place, nature and cause of the injury and shall be signed by him or by a
      person on his behalf or, in case of death, by any one  or  more  of  his
      dependents, or by a person on their behalf. The notice shall be given to
      the  clerk of the board of supervisors of the county, the comptroller or
      chief financial officer of the city, the town clerk  of  the  town,  the
      clerk  of  the  village,  the secretary of the ambulance district or the
      volunteer ambulance company, as the case may be,  by  delivering  it  to
      such officer or by registered letter properly addressed to such officer.
      The  failure  to give notice of injury or notice of death shall be a bar
      to any claim under this chapter unless such failure is  excused  by  the
      workers'  compensation  board  on any of the following grounds, (1) that
      for some sufficient reason the notice could not  have  been  given,  (2)
      that  a  member of a body in charge of, or any officer of, the ambulance
      district or ambulance  company  had  knowledge  within  such  ninety-day
      period  of the injuries or death, (3) that the political subdivision, or
      its insurance carrier had not been prejudiced by a delay in giving  such
      notice,  or  (4) that the cause of disablement or death was not known to
      be the result of service performed  in  line  of  duty  as  a  volunteer
      ambulance  worker  in  sufficient  time to comply with the provisions of
      this section.