(2) The
failure to give notice of injury as required by this section (or any defect or
inaccuracy in a notice of injury) is not a bar to the recovery of compensation
or work injury damages if in proceedings to recover the compensation or
damages it is found that there are special circumstances as provided by this
section.
(3) Each of the following constitutes special circumstances--
(a)
the person against whom the proceedings are taken has not been prejudiced in
respect of the proceedings by the failure to give notice of injury or by the
defect or inaccuracy in the notice,
(b) the failure to give notice of injury,
or the defect or inaccuracy in the notice, was occasioned by ignorance,
mistake, absence from the State or other reasonable cause,
(c) the person
against whom the proceedings are taken had knowledge of the injury from any
source at or about the time when the injury happened,
(d) the injury has been
reported by the employer to the Nominal Insurer in accordance with this Act,
(4) In addition, if the employer is the owner of a mine or quarry, or the
occupier of a factory, workshop, office or shop, each of the following
constitutes special circumstances--
(a) the summary referred to in section 231
has not been posted up in accordance with that section or the employer has
otherwise contravened that section,