Is it possible for a employee to claim compensation if no notice was issued to the employer after three years of occurrence of accident.
From India, Bengaluru
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From India, Bengaluru
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Understanding the Employees' Compensation Act, 1923
Please go through Section 10 of the Employees' Compensation Act, 1923, which specifies the time limit for notice and claim for compensation under the Act. Notice of the accident has to be given as soon as possible after the happening of the accident, and the claim has to be filed before the Commissioner within a period of two years from the date of the accident or from the date of consequential death. However, the fourth proviso to Section 10(1) declares that the non-issuance of the notice of the accident is not a bar in the case of death arising out of an accident on the employer's premises or in other cases if the employer had knowledge of the accident. The fifth proviso to the same subsection empowers the Commissioner to entertain a belated claim on sufficient cause being shown for such delay.
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From India, Salem
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6108Please go through Section 10 of the Employees' Compensation Act, 1923, which specifies the time limit for notice and claim for compensation under the Act. Notice of the accident has to be given as soon as possible after the happening of the accident, and the claim has to be filed before the Commissioner within a period of two years from the date of the accident or from the date of consequential death. However, the fourth proviso to Section 10(1) declares that the non-issuance of the notice of the accident is not a bar in the case of death arising out of an accident on the employer's premises or in other cases if the employer had knowledge of the accident. The fifth proviso to the same subsection empowers the Commissioner to entertain a belated claim on sufficient cause being shown for such delay.
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From India, Salem
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Dear Sir,
Thank you for your reply.
As per Section 10, I read that all claims have to be made within two years of the occurrence of the accident. However, it has already been 3 years since the accident happened, and the company is still providing salary until today. Is this a sufficient reason for the Labour Commissioner to issue a notice to the employer? Please advise me, sir.
From India, Bengaluru
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Thank you for your reply.
As per Section 10, I read that all claims have to be made within two years of the occurrence of the accident. However, it has already been 3 years since the accident happened, and the company is still providing salary until today. Is this a sufficient reason for the Labour Commissioner to issue a notice to the employer? Please advise me, sir.
From India, Bengaluru
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Dear Mr. Rakesh,
The description of the accident is not given. What is the condition of the victim? What are the causes of the accidents and why is there so much gap in filing the claim? If you elaborate on the incident, we can give our opinion. Our friend, Mr. Umakanthan, has briefed his opinion very well.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
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The description of the accident is not given. What is the condition of the victim? What are the causes of the accidents and why is there so much gap in filing the claim? If you elaborate on the incident, we can give our opinion. Our friend, Mr. Umakanthan, has briefed his opinion very well.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
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Workers parents can get claim under Employees Compensation Act - Madras HC.pdf
Employees' Compensation Act 1923.doc