My husband died in a factory accident in Kolkata; can I claim workmen's compensation?
LE Asked by Legal Expert from India
Legal Information
Below is a comprehensive legal analysis based on Indian law for your question.
You can file a claim before the Commissioner for Workmen's Compensation in Kolkata under the Employee's Compensation Act, 1923, within two years, for death or disablement arising out of and in the course of employment. The claim should annex the death certificate, post-mortem, employer details, wage proof, and dependants' relationship. The Commissioner computes compensation based on the wage factor and age, and the order is appealable to Calcutta High Court under Section 30 within 60 days. West Bengal Premises Tenancy Act 1997 may establish State commissioners and inspectors, so the local forum applies. The employer must report fatal accidents within seven days. The insurer, if any, is impleaded. Compensation is computed using the prescribed formula and is not limited by salary ceiling in death cases.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.