Overview
When a worker is injured or killed in the course of employment, time and procedure determine outcomes. We represent both injured workers/dependants and employers/insurers under the Employee's Compensation Act, 1923 and the new Social Security Code, 2020.
The EC Act provides a no-fault statutory compensation framework — wages, age, and degree of disability/death drive the calculation. Where ESIC applies, the EC Act remedy is barred (Section 53 ESIC Act), but for non-ESIC covered employments the EC Act remains active.
Our practice spans construction, manufacturing, hospitality and transportation sectors — handling fatal accident claims by dependants, permanent disability claims, occupational disease assessments under Schedule III, and penalty/interest claims under Section 4A.
What We Handle
- Computation of compensation by age & wage tables
- Fatal accident claims by dependants
- Permanent total/partial disability claims
- Occupational diseases under Schedule III
- Penalty & interest under Section 4A
- Appeals before High Court on substantial questions of law
- Coordination with ESIC dispensary and medical board reports
Compensation Calculation
Section 4 of the EC Act provides a tabular formula. For death: 50% of monthly wages × relevant factor (age-based, currently 215.28 for age 16 and decreasing) — minimum ₹1.2 lakh. For permanent total disability: 60% × wages × relevant factor — minimum ₹1.4 lakh. Partial disability: proportional to loss of earning capacity. We compute claims at filing — not at hearing — to plead at correct value.
EC Act vs ESIC
Section 53 of the ESIC Act, 1948 bars EC Act compensation where the employee is covered under ESIC. The remedy lies under ESIC scheme. However, ESIC coverage is restricted to specified factories/establishments and wage-drawing employees. For non-covered employments (construction at small sites, agricultural work, domestic help, etc.), the EC Act remains the primary remedy.
Statutes & Regulations
Key laws governing this practice.
Who This Is For
Audiences we typically advise in this area.
- Dependants of workers killed at work
- Workers with permanent or partial disability
- Workers diagnosed with occupational disease
- Employers and insurers managing compensation claims
- MSMEs needing risk assessment for non-ESIC operations
Recent Outcomes
Anonymised matter highlights.
₹38 lakh Awarded for Fatal Construction Site Accident
Construction worker killed in site accident. Computed and pleaded full EC Act compensation including penalty under Section 4A — awarded with interest by Commissioner.
ESIC Bar Successfully Asserted by Employer
Employer's ESIC coverage demonstrated — EC Act claim dismissed as barred under Section 53; remedy redirected to ESIC scheme.
Outcomes are matter-specific. Past results are not a guarantee of future performance.
Why K & K
Strategic differentiators in this practice.
- Tabular computation done before the first hearing.
- Coordinated medical-legal evidence preparation.
- Both employer and worker side experience.
Frequently Asked
Questions our clients ask first.
Serving Delhi NCR & Beyond
Our office at A-197, LGF, Defence Colony, New Delhi 110024 is the operating base for clients across Delhi NCR — Gurgaon, Noida, Faridabad, Ghaziabad — and pan-India through a vetted local-counsel network. We routinely appear at Saket, Patiala House, Tis Hazari, Karkardooma, Rohini and Dwarka District Courts; the Delhi High Court; and the Supreme Court of India.
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