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raju (software developer)     10 July 2017

Time duration to file a employee compensation case

Hi Experts, I would like to know what is the time duration before which a Employee compensation case has to be filed from the date of injury of an employee at work place. What will happen if this time has elapsed ? Will the court consider the case.



Learning

 11 Replies


(Guest)

2 years frm date of Accident and however Court can condone delay at its discretion.

1 Like

Arjun Kohli   10 July 2017

One has to give a notice of such injury or disablement to the employer as soon as possible and file for compensation within a period of 2 years from the date of such disablement, which is determined on the basis of type of disablement. 

In case the time period has expired, one must provide very compelling grounds to the court for a ruling in such manner.

Moreover, there are other provisions of law in which the time limit may vary so they can be explored, or proper case can be made out and the court can be convinced.

1 Like

Kumar Doab (FIN)     10 July 2017

 

The Employee's Compensation Act, 1923

 

10 Notice and claim. —

(1) 69 [No claim for compensation shall be entertained by a Commissioner unless notice of the accident has been given in the manner hereinafter provided as soon as practicable after the happening thereof and unless the claim is preferred before him within 70 [two years] of the occurrence of the accident or in case of death within 70[two years] from the date of death:] Provided that where the accident is the contracting of a disease in respect of which the provisions of sub-section (2) of section 3 are applicable, the accident shall be deemed to have occurred on the first of the days during which the 71 [employee] was continuously absent from work in consequence of the disablement caused by the disease: 72 [Provided further that in case of partial disablement due to the contracting of any such disease and which does not force the 71 [employee] to absent himself from work, the period of two years shall be counted from the day the 71 [employee] gives notice of the disablement to his employer:
 
 
1 Like

raju (software developer)     10 July 2017

Thanks for the reply.

Its been 3 years and 8 months since the date of accident. I was trying to reach a settlement with the employee but his demands are too hign.

Now he is treatening me with ECA case .Can he file a ECA case now ? What are the other provisions he has.

Regards,

 

Kumar Doab (FIN)     10 July 2017

Did you/employer/designated official inform the commissioner!

raju (software developer)     10 July 2017

Nope. We did not.

raju (software developer)     10 July 2017

Nope. We did not.

Kumar Doab (FIN)     10 July 2017

This may not favor you.

Arjun Kohli   10 July 2017

In case of no information to the relevent Officer/Commissioner, you must gather proper supporting records of the settlement attempts and present it to the Court while requesting for condonation of the delay. It is ultimately on the discretion of the Court to grant your application or not. You could only put your best foot forward.

Kumar Doab (FIN)     10 July 2017

Employer could have acted on its obligations.

Try again and re-negotiate and resolve.

Or approach on your own and let commissioner/court decide with or without penal provisions as per facts of the matter. 

 

Priyanka Verma (Advocate, Pune Area)     13 July 2017

Claim to be preferred within 2 years of the occurance of the accident but notice is required to be given as soon as possible. In your case it is necessary to understand how much time has been lapsed?

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