The Employees’ Compensation Act is a piece of legislation that provides for compensation to employees in case of injury or death arising out of and in the course of their employment. When an employee is injured or killed at the workplace, a judicial proceeding may be initiated to determine the eligibility and amount of compensation to be awarded to the employee or their dependents.
Here is an overview of the judicial proceedings involved in awarding compensation under the Employees’ Compensation Act-:
- Reporting and Notification: When an employee is injured or killed in the course of their employment, the incident should be reported to the employer or the appropriate authority as per the act. This initiates the process of seeking compensation.
- Application for Compensation: The injured employee or their dependents, in the case of death, may need to file an application for compensation with the relevant authority or department. This application should provide details about the injury, its circumstances, and the extent of disability or loss.
- Investigation: The relevant authority will investigate the claim to determine its validity. This may involve collecting evidence, medical reports, witness statements, and any other relevant information.
- Determination of Compensation: Once the investigation is completed, the authority will determine the amount of compensation to be awarded. The calculation of compensation is typically based on factors such as the severity of the injury, the employee’s wages, and other relevant factors.
- Adjudication: If there is a dispute over the compensation amount, a formal adjudication process may take place. The employee, employer, and other interested parties may have the opportunity to present their case and evidence before a competent authority, which could be a labor court or another designated body.
- Appeal: If any party is dissatisfied with the decision made during the adjudication, they may have the right to appeal the decision to a higher judicial authority, such as a high court.
- Payment of Compensation: Once the compensation amount is determined and any legal proceedings or appeals are exhausted, the compensation is paid to the injured employee or their dependents. we are a law firm in the name and style of Law Offices of Kr. Vivek Tanwar Advocate and Associates at Gurugram and Rewari. We are providing litigation support services for matters related to Labour Law.
written By- Arti Mudgil