Legal Remedies

Who can make the claim?

The injured employee or someone on his behalf can file a claim before the commissioner for workmens compensation. In reality mostly a lawyer files the claim.

Who should the claim be made to?

In the event that the employer does not pay compensation for accidents sustained by his workers while at work, a claim can be made to the labour commissioner, of the area where the accident took place.

Time period within which the claim should be made

All such claims have to be made within two years of the occurrence of the accident, or death of the worker

Form of application
! The commissioner shall not be liable to entertain an application for compensation unless it is given in the prescribed format, i.e. it must be made with the following details being furnished
(a) a statement in ordinary language with regards to the circumstances under which the application is being forwarded and the relief or order which the applicant claims (b) in case the claim for compensation is made against the employer, the application should mention the date when the notice of such accident was made to the employer, and if there was any delay in doing so, the reason for the delay; (c) The name and address of the parties.

Appearance and Record of Evidence

! The parties must make their appearance before or to the commissioner. A registered legal practitioner/ trade union member/ inspector or other person appointed by the Government for this purpose can represent the worker or can represent the parties if the necessary.
What happens if the employer delays in paying of compensation?
Compensation is to be paid as soon as the injury is caused to the worker. If the employer does not pay the compensation amount to the disabled worker within a month from when the compensation fell due, then the commissioner on application can give relief to the worker in the following way: (a) The commissioner can direct the employer to pay the compensation to the worker, plus simple interest at the rate of 12%, and (b) If the commissioner feels that there was no justification for the delay in payment to the worker, he may order the employer, in addition to the simple interest, to pay a penalty of not greater than 50% of the compensation to be paid.

Appeal
A worker can appeal against any decision can be made in the high court, this can only be done so under certain circumstances, and only if the commissioner allows the appeal, which is determined by his certificate allowing so, attached along with the appeal.