Tax4india ›› Indian Law ›› Labour Law ›› Workmen's Compensation law ›› Filing of claims
Filing of claims
A claim for the compensation shall be made before the Commissioner.
No claim for compensation shall be entertained by the Commissioner unless the notice of accident has been given by the workman in the prescribed manner, except in the following circumstances:
- in case of death of workman resulting from an accident which occurred on the premises of the employer, or at any place where the workman at the time of the accident was working died on such premises or such place or in the vicinity of such premises or place;
- in case the employer has knowledge of the accident from any other source, at or about the time of its occurrence;
- in case the failure to give notice or prefer the claim, was due to sufficient cause.
Limitation
Workman, to the Commissioner, may file the claim for accident compensation in the prescribed form, within 2 years from the occurrence of the accident or from the date of death. The claim must be preceded by
- a notice of accident, and
- the claimant-employee must present himself for medical examination if so required by the employer.
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