Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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SANDEEP KUMAR SRIVASTAVA (EXECUTIVE - HR & ADMIN.)     10 April 2012

How to claim under workmen compensation act 1923

R/Sir,

One of our labour Aged 45 died due to accident under the Factory Premises, all the legal formilites we have done like FIR, Posturment and informing to local Authorities.

We have taken the Workmen Compensation Policy. Kindly discribed me procedure to claim the compensation Under under WC Act.

What are the Documents and Record needed under the Act to claim the Compensation under WC Policy.

 

 

Regards,

SANDEEP KUMAR SRIVASTAVA 



Learning

 2 Replies

jaykumtekar (Legal Advisor)     10 April 2012

Since it is a death case as per section 4 of Employees compensation act it is 50% of the wages multiplied by the revelant factor will be the compensation amount.  OR Rs.120000/- which ever is high.  Example.

If the employee wages is 10000 Rs. then Rs.8000/- will have to be taken as wages as per the notification dated 2010.

Hence 50% of 8000 is 4000.  Now see the age of the workman in schedule IV and work out the factor as per his age.  Take his age as 55 and the factor as 135.56 so

4000 x 135.56 will be the Compensation amount i.e. 542240/-

Likewise you can work out the compensation.

sambasivakamasani (Sr Pur and Stores Officer (Rtd) ISRO)     18 September 2014

Sir, I would like to present that a workman died while he is performing the job in Principal Employers premises. The workman is a contract worker. 1) It is not complained to the labour officer. 2) All other formalities are done ie post mart em, police case. 3)  It is Central Govt: Department of Space.  They say, they do not come under Factories Act and hence Workmen's Compensation Act do not apply.  However on Humanitaran grounds they are pooling some amount from its employees and contractors to pay  to the bereaved family. The contactor is holding insurance policy  for his workers.  Now, Insurance agency is asking to get order from Laboour Officer. The family members of deceased person running pillar to post to claim insurance amount from Insurance Agency.. Please guide the poor family.


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