Worker used to get his wages in cash at the end of the month. Used to work at weaving factory in bhiwandi, Thane district of Maharashtra got injured in eyes from weaving machine.admitted in govt. Hospital.lose eyesight of one eye. Did not complaint to police station under employers pressure. Is not given any compensation. Now permanently unemployment unable to work. How can he claim compensation from employer and where to file complaint. He is from Gonda district of Uttar Pradesh.
get in touch with a nearby labor lawyer/consultant along with some co workers of the establishment, who can give witness to the incident.
as without complete information, it is not possible to put any advice anonymous queries
Even a casual labor suffering from any permanent disability caused by an employment accident is entitled to compensation under the Employees Compensation Act,1923. Loss of vision in one eye is a permanent partial disablement reducing the individual's earning capacity to the extent of 30% to 40% as per Schedule I of the E.C Act,1923.
Certainly there would be entries about the cause of injury and the place of accident in the Accident Register maintained by the G.H. and the details of admission, treatment and discharge in the discharge summary issued. Therefore, lodging of no complaint with the Police can not be a major issue to defeat any claim for compensation in such circumstances.
Though the place of the establishment is in the State of Maharashtra, if the individual is a resident of U.P, his claim for compensation to be initially filed in Maharashtra can be later transferred to U.P. It is better to engage the services of a counsel well-versed in labor matters.
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