As per the relevant section of the Employee’s compensation
Act, 1923, the injured contractual employee can claim the compensation from the
Principal Employer.
It has very well mentioned under section 12 of the Employee’s
compensation Act, 1923 that the Principal Employer is made liable to pay
compensation to such injured employee of the contractor which Principal
Employer would have been liable to pay if that employee had been immediately
employed by him.
Nevertheless, the amount of compensation shall be calculated
with reference to the wages of the employee under the employer by whom he/she
is immediately employed. But when the Principal Employer is liable to pay
compensation then in that case Principal Employer shall be entitled to be
indemnified by the contractor.
It may please be noted that the injured employee is at
liberty to claim the compensation from the contractor instead of Principal
Employer.
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