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?
From India, Lucknow
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From India, Lucknow
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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.
From India, Kannur
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4768From India, Kannur
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For a deceased employee, the nominee, and for permanent disablement, the nominee or the employee will appeal to the EC Commissioner for compensation. If insurance is present, there will be three parties involved - the Employee/nominee, Insurer, and PE. In the absence of insurance, the parties involved are the Employee/nominee and Employer. The Commissioner will make an award for compensation based on facts, evidence, documents, etc., following the guidelines set under the Act.
In cases where insurance is in place, the Insurer is responsible for paying the compensation. In the absence of insurance, the employer bears the responsibility for compensation.
S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions
From India, New Delhi
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In cases where insurance is in place, the Insurer is responsible for paying the compensation. In the absence of insurance, the employer bears the responsibility for compensation.
S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions
From India, New Delhi
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Wage limit for workmen compensation calculation, attached herewith.
From India, Warangal
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From India, Warangal
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Rupesh naidu, your attachement is an old one. The wage ceiling has been revised to Rs 15000.
From India, Kannur
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From India, Kannur
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Madhu Sir Please send GO copy of revised wage ceiling Rs.8000/- to Rs 15000/- (Under WC Policy)
From India, Warangal
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From India, Warangal
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Please find the attachment. The Act was amended in 2020 to make it Rs 15000.
From India, Kannur
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From India, Kannur
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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 a 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 inquiry and dispose of the claim accordingly.
As the procedure involves some minimum legal formalities, it is better to engage the services of an advocate from the very beginning.
From India, Salem
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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 a 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 inquiry and dispose of the claim accordingly.
As the procedure involves some minimum legal formalities, it is better to engage the services of an advocate from the very beginning.
From India, Salem
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