No action for the recovery of damages for injury or death under the provisions of this chapter shall be maintained unless notice of the time, place and cause of the injury is given to the employer within thirty days after the injury is received or unless it is commenced within six months from the date of the injury. The notice required by this section shall be in writing, signed by the person injured or by someone in his behalf; but if from physical or mental incapacity it is impossible for the person injured to give the notice within the time provided in said section, he may give the same within ten days after the incapacity is removed, and in case of his death without having given the notice and without having been at any time after his injury of sufficient capacity to give the notice the person or persons entitled to claim compensation pursuant to the provisions of this chapter, or their representatives, may give such notice within thirty days after the death of such employee. But no notice given under the provisions of this section shall be deemed to be invalid or insufficient solely by reason of any inaccuracy in stating the time, place or cause of the injury; provided, it is shown that there was no intention to mislead, and that the party entitled to notice was not in fact misled thereby.
History —Mar. 1, 1902, p. 150, § 6.