Time duration to file a employee compensation case

2 years frm date of Accident and however Court can condone delay at its discretion.

One has to give a notice of such injury or disablement to the employer as soon as possible and file for compensation within a period of 2 years from the date of such disablement, which is determined on the basis of type of disablement. 

In case the time period has expired, one must provide very compelling grounds to the court for a ruling in such manner.

Moreover, there are other provisions of law in which the time limit may vary so they can be explored, or proper case can be made out and the court can be convinced.

The Employee's Compensation Act, 1923

10 Notice and claim. —

Thanks for the reply.

Its been 3 years and 8 months since the date of accident. I was trying to reach a settlement with the employee but his demands are too hign.

Now he is treatening me with ECA case .Can he file a ECA case now ? What are the other provisions he has.

Regards,

Did you/employer/designated official inform the commissioner!

Nope. We did not.

Nope. We did not.

This may not favor you.

In case of no information to the relevent Officer/Commissioner, you must gather proper supporting records of the settlement attempts and present it to the Court while requesting for condonation of the delay. It is ultimately on the discretion of the Court to grant your application or not. You could only put your best foot forward.

Employer could have acted on its obligations.

Try again and re-negotiate and resolve.

Or approach on your own and let commissioner/court decide with or without penal provisions as per facts of the matter.