What is the clam Process of WC Policy in case if employee is dead or permanently disabled during his work?

What is the clam Process of WC Policy in case if employee is is dead or permanently disabled during his work? and What is the calculation process?

The amount of compensation payable depends on the wages and the age of the deceased. The decision will be taken by the officer concerned of the Labour department.

For deceased employee - nominee and for permanent disablement - the nominee or the employee will appeal to EC Commissioner for compensation. If the insurance is there, then there will be 3 parties - Employee/nominee, Insurer and PE. In case of no insurance the parties are Employee/nominee and Employer. Based on facts, evidence, documents etc., the Commissioner award for some compensation based on guide line under the Act.

In case of Insurance, Insurer is paying the compensation and in absence of insurance - the employer is responsible for compensation.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions

Wage limit for workmen compensation calculation, attached herewith.

Rupesh naidu, your attachement is an old one. The wage ceiling has been revised to Rs 15000.

Madhu Sir


Please send GO copy of revised wage ceiling Rs.8000/- to Rs 15000/- (Under WC Policy)

Please find the attachment. The Act was amended in 2020 to make it Rs 15000.

I think that the question relates to the claim process in the event of permanent disablement or death of an employee covered by an insurance policy specifically taken under the EC Act,1923 due to an employment accident.
In such a situation, first the employer has to officially inform the insurer about the accident.
After the treatment is over, the employee has to submit his claim for compensation to his employer with a disability certificate issued by a registered medical practitioner. In the case of death, the dependents have to file the claim with death certificate.
In actual practice, Insurance Companies do not come forward to settle such claims directly. Therefore, the employee/ his dependents are required to file a claim before the area Commissioner for Employees Compensation against the employer and the Insurance Company together with copies of proof of employment, FIR if any, hospital documents relating to the treatment taken with bills, if the treatment expenses are incurred by the employee, disability or death certificate, legal heir certificate etc. The Commissioner would conduct a quasi Judicial enquiry and dispose of the claim accordingly.
As the procedure involves some minimum legal formalities, it is better to engage the services of a advocate from the very beginning.