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
From India, Bengaluru
Dear RAkesh,
Pl go through sec.10 of the Employees Compensation ACT,1923 which specifies the time limit for notice and claim for compensation under the Act. Notice of 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 accident or from the date of consequential death. However the fourth proviso to sec.10(1) declares that non-issue of notice of accident is not a bar in the case of death arising out of an accident in the employer's premises or in other cases if the employer had knowlege of the accident. The fifth proviso to the same sub-section empowers the Commissioner to entertain a belated claim on sufficient cause being shown for such delay.
From India, Salem
6018Pl go through sec.10 of the Employees Compensation ACT,1923 which specifies the time limit for notice and claim for compensation under the Act. Notice of 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 accident or from the date of consequential death. However the fourth proviso to sec.10(1) declares that non-issue of notice of accident is not a bar in the case of death arising out of an accident in the employer's premises or in other cases if the employer had knowlege of the accident. The fifth proviso to the same sub-section empowers the Commissioner to entertain a belated claim on sufficient cause being shown for such delay.
From India, Salem
Dear Sir,
Thank you for your reply.
As per sec.10 I read that, all claims have to be made within two years occurrence of accident. But here it's already happened 3 years ago and company is giving salary till today is it sufficient reason for the Labour commissioner to give notice to employer.please tell me sir
From India, Bengaluru
Thank you for your reply.
As per sec.10 I read that, all claims have to be made within two years occurrence of accident. But here it's already happened 3 years ago and company is giving salary till today is it sufficient reason for the Labour commissioner to give notice to employer.please tell me sir
From India, Bengaluru
Dea rMr.Rakesh,
The description of accident is not given. What is the conditions of victim ?
the cause of accidents and why so much gap in filing the claim . If you elaborate the incident we can give our opinion. As such our friend Mr.Umakanthan sir has briefed his opinion very well.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
The description of accident is not given. What is the conditions of victim ?
the cause of accidents and why so much gap in filing the claim . If you elaborate the incident we can give our opinion. As such our friend Mr.Umakanthan sir has briefed his opinion very well.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
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