My husband died in a factory accident in Thoothukudi, can I claim compensation and how much?
LA Asked by Lata Mangesh from India
Quick Answer
Fatal accident compensation for a workman is payable under the Employees' Compensation Act, 1923, read with the Tamil Nadu Rent Control Act 1960 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 Tamil Nadu Rent Control Act 1960 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 Thoothukudi within the period of limitation. The Madras 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.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.