*NOTE: This section includes amendments by temporary legislation that will expire on December 24, 2021. To view the text of this section after the expiration of the temporary legislation, click this link: Permanent Version.*
(a) The immediate superior of an employee shall report to the Mayor an injury to the employee that results in his or her death or probable injury within 3 days from the date of the injury or death or the date that the superior has knowledge of the injury, whichever is earlier.
(a-1) The employer of an employee who has contracted COVID-19 (the disease caused by the novel Coronavirus SARS-CoV-2 or any of its recognized mutant variations) in the course of and within the scope of employment or whose contact with others in the course of and within the scope of employment makes the contracting of COVID-19 probable shall report the injury or probable injury to the Mayor in accordance with subsection (a) of this section.
(b) Notwithstanding § 1-623.24(a)(1), failure of a superior to report an injury or death shall not impair a claimant’s right to compensation. The Mayor may:
(1) Prescribe the information that the report shall contain;
(2) Require the immediate superior to make supplemental reports; and
(3) Obtain such additional reports and information from employees as are agreed on by the Mayor and the head of the employing agency.
(Mar. 3, 1979, D.C. Law 2-139, § 2320, 25 DCR 5740; Apr. 5, 2005, D.C. Law 15-290, § 2(c), 52 DCR 1449; May 13, 2021, D.C. Law 24-6, § 302(b), 68 DCR 003198.)
Prior Codifications1981 Ed., § 1-624.20.
1973 Ed., § 1-353.20.
Effect of AmendmentsD.C. Law 15-290 rewrote the section which had read:
“Immediately after an injury to an employee which results in his or her death or probable disability, his or her immediate superior shall report to the Mayor. The Mayor may:
“(1) Prescribe the information that the report shall contain;
“(2) Require the immediate superior to make supplemental reports; and
“(3) Obtain such additional reports and information from employees as are agreed on by the Mayor and the head of the employing agency.”
Emergency LegislationFor temporary (90 days) amendment of this section, see § 302(b) of Workplace Safety During the COVID-19 Pandemic Emergency Amendment Act of 2021 (D.C. Act 24-26, Feb. 26, 2021, 68 DCR 002616).
Temporary LegislationFor temporary (225 days) amendment of this section, see § 302(b) of Workplace Safety During the COVID-19 Pandemic Temporary Amendment Act of 2021 (D.C. Law 24-6, May 13, 2021, 68 DCR 003198).