Dear sir, One of our workmen resigned his job and and he was relieved two years back after he met with an industrial accident. He was compensated under Employee compensation Act before the Authority concerned for the said accident. However, after a gap of 2.5 years, presently he made a demand to the Management for further compensation citing that he was not suitably compensated.
Now my query in this regard is whether the workman has right to claim further relief legally from Management apart from the compensation was legally already paid to him? Whether he can approach any other forum to make further claim?
Request experts views please.
From India, Mumbai
25Now my query in this regard is whether the workman has right to claim further relief legally from Management apart from the compensation was legally already paid to him? Whether he can approach any other forum to make further claim?
Request experts views please.
From India, Mumbai
Dear V Sridhar,
If the compensation under "Employee Compensation Act" was routed through the authority concerned then there must have been due diligence before disbursement of the payment.
Now after 2.5 years if the employee says that he was under-compensated then has he given break up of his calculation to prove how he was given less compensation? If the claim is not tenable then you can give a reply accordingly.
You may call him for the meeting and explain your method of calculation. Understand from him, his method of calculation. A personal meeting always helps in clearing the doubts. Nevertheless, whatever outcome of the meeting may be, both the parties must agree to sign the minutes of the meeting.
Thanks,
Dinesh Divekar
From India, Bangalore
If the compensation under "Employee Compensation Act" was routed through the authority concerned then there must have been due diligence before disbursement of the payment.
Now after 2.5 years if the employee says that he was under-compensated then has he given break up of his calculation to prove how he was given less compensation? If the claim is not tenable then you can give a reply accordingly.
You may call him for the meeting and explain your method of calculation. Understand from him, his method of calculation. A personal meeting always helps in clearing the doubts. Nevertheless, whatever outcome of the meeting may be, both the parties must agree to sign the minutes of the meeting.
Thanks,
Dinesh Divekar
From India, Bangalore
Ya ok sir
In this case Employee's compensation amount paid to him after the case run before the Authority court as per procedure or simply after 10(A) notice of accident occurence reported to to local labour dept. And settled before conducting the court of Authority.
Why I am saying this recently an accidental death happened in a company and the management paid on the spot to the bereaved family through cheques .Later before conciliation Authority court management submitted already paid cheques which is deferred by E. C act sections.
So
If everything paid only before the authority court the employee has no right to go further.
If payment was done out of court settlement and approached Authority court and closed the matter as per EC act
the employee may go again for any such other coverage.
From India, Nellore
In this case Employee's compensation amount paid to him after the case run before the Authority court as per procedure or simply after 10(A) notice of accident occurence reported to to local labour dept. And settled before conducting the court of Authority.
Why I am saying this recently an accidental death happened in a company and the management paid on the spot to the bereaved family through cheques .Later before conciliation Authority court management submitted already paid cheques which is deferred by E. C act sections.
So
If everything paid only before the authority court the employee has no right to go further.
If payment was done out of court settlement and approached Authority court and closed the matter as per EC act
the employee may go again for any such other coverage.
From India, Nellore
I may add to what are stated by other members -
My views are,
1. To examine whether there is an error in calculation of accident compensation;
2. To examine whether there is delay in settlement of compensation if yes, any interest was accrued & paid;
3. There is a possibility, Was the demand for additional compensation emanates from the fact the injury sustained in the course of industrial accident aggravated further subsequent to severance of employment and thus results in gaining a feeling in their minds that there arises a need to revisit the workings of the compensation being inadequate in;
4. To examine, if the addl.claim is found to be reasonable/justifiable and whether the 'law of limitations' attracted to it or not.
Not withstanding above, no one can stop the claimant making his claim if persist on irrespective of whether justifiable/tenable or not legally.
I am not able to find enough judgments/articles/refs. to these relevant questions as above to conclusively say what's what.
From India, Bangalore
My views are,
1. To examine whether there is an error in calculation of accident compensation;
2. To examine whether there is delay in settlement of compensation if yes, any interest was accrued & paid;
3. There is a possibility, Was the demand for additional compensation emanates from the fact the injury sustained in the course of industrial accident aggravated further subsequent to severance of employment and thus results in gaining a feeling in their minds that there arises a need to revisit the workings of the compensation being inadequate in;
4. To examine, if the addl.claim is found to be reasonable/justifiable and whether the 'law of limitations' attracted to it or not.
Not withstanding above, no one can stop the claimant making his claim if persist on irrespective of whether justifiable/tenable or not legally.
I am not able to find enough judgments/articles/refs. to these relevant questions as above to conclusively say what's what.
From India, Bangalore
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