My husband died in a factory accident in Thane, can I claim compensation and how much?
RA Asked by Rajesh Verma from India
Quick Answer
Fatal accident compensation for a workman is payable under the Employees' Compensation Act, 1923, read with the Maharashtra Rent Control Act 1999 rules for its implementation in your state.
Detailed Legal Analysis
Fatal accident compensation for a workman is payable under the Employees' Compensation Act, 1923, read with the Maharashtra Rent Control Act 1999 rules for its implementation in your state. The dependants, including the widow and minor children, are entitled to compensation calculated based on the monthly wages of the deceased and a relevant factor as per the Act's schedule.
You must file a claim application before the Commissioner for Workmen's Compensation in Thane within the period of limitation. The Bombay High Court has held that the employer cannot escape liability by merely showing negligence of the deceased if the accident arose in the course of employment.
Compensation includes funeral expenses and may also cover loss of dependency. The Commissioner's award is executable as a civil court decree.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.