Bare ActsThe Workmen Compensation Act 1923

Section 10

Notice and claim

Amendment status not verified — confirm the current text below against the official source.

Notice and claim.- (1) 1*[No claim for compensation shall be entertained by a Commissioner unless notice of the accident has been given in the manner hereinafter provided as soon as practicable after the happening thereof and unless the claim is preferred before him within 2*[two years] of the occurrence of the accident or, in case of death, within 2*[two years] from the date of death:] Provided that, where the accident is the contracting of a disease in respect of which the provisions of sub-section (2) of section 3 are applicable, the accident shall be deemed to have occurred on the first of the days during which the workman was continuously absent from work in consequence of the disablement caused by the disease: 3*[Provided further that in case of partial disablement due to the contracting of any such disease and which does not force the workman to absent himself from work, the period of two years shall be counted from the day the workman gives notice of the disablement to his employer: Provided further that if a workman who, having been employed in an employment for a continuous period, specified under sub-section (2) of section 3 in respect of that employment, ceases to be so employed and develops symptoms of an occupational disease peculiar to that employment within two years of the cessation of employment, the accident shall be deemed to have occurred on the day on which the symptoms were first detected:] 4*[Provided further that the want of or any defect or irregularity in a notice shall not be a bar to the 5*[entertainment of a claim]-- (a) if the claim is 6*[preferred] in respect of the death of a workman resulting from an accident which occurred on the premises of the employer, or at any place where the workman at the time of the accident was working under ----------------------------------------------------------------------

Section 10 – The Workmen Compensation Act 1923 | DailyLaw.ai