Understanding Accident and Injury Claims in Kolkata
Accident victims have legal rights to claim compensation for injuries death and property damage. This guide covers motor accident claims injury compensation and insurance disputes in Kolkata.
Frequently Asked Questions
What law governs workers compensation?
Employees Compensation Act 1923 (formerly Workmen Compensation Act). Employers liable to compensate workers for injuries arising out of employment.
What injuries are covered?
Accidents arising out of and in course of employment occupational diseases specified in Schedule III and injuries causing death or disability.
How is compensation calculated?
Based on wage rate and disability percentage. For death: 50% monthly wages x relevant factor or Rs. 1,20,000 whichever more. For permanent disability: 60% wages x factor.
What is procedure for claiming compensation?
File claim before Labour Court or Commissioner for Employees Compensation within 2 years of accident.
Can employee claim both compensation and damages?
No employee cannot claim both. Must choose which remedy to pursue. Compensation under Act simpler and faster.
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