Labour Laws & Ir
Prashant B Ingawale
Ir & Hr
Asst. General Manager - Hr
3rd August 2011 From India, Lucknow
The employees which are not covered under the ESI Act,1948 & are covered under the Employee's Compensation Act,1923 are entitled to have benefit under this Act from the employer but it is not necessary to have WC/EC policy as the employer may give compensation form his own account. They take WC/EC policy to avoid any sudden liability on account of any mis-happening.Now it is up to you to have or have not any WC policy.
3rd August 2011 From India, Delhi
1. First of all it is no longer "Workmen Compensation Policy", it has been remaned as "Employees Compensation Policy"
2. This policy gets applied whenever the employee is not covered under ESI.
3. By this arrangement, whenever an employee meets with an accident which led to fatal, the employer is liable to pay compensation. The compensation amount is arrived at by applying the age and his wages (As per recent amendment, the wage level is increased to limit of Rs.8000/- p.m.). In case of hospitalization, it is unlimited.
3. Group Personal Accident Policy (GPA) is the one nitiated by the employer to protect the interest of company and the employee as well. Whenever such claims take place, the employer pays it initiatlly and get it reimbursed from insurance company.
4. If you do not have GPA coverage, then you will have to pay from your packet.
5th August 2011 From India, Madras
- It is not mandatory to take GWC Policy. What is mandatory is compliance of WC Act and payment of compensation to eligible employees as per the provisions of WC Act. But to have advance provision and to mitigate higher financial risks, companies prefer to take insurance. Please note that pure WCA Policy will not cover accidents happening away from work place and not related to work/job.
- GPA Policy will generally offer cover against all kinds of accidents and coverage is for 24 hours of day. Sum assured under GPA can be more or even less than what WCA Policy offers.
5th August 2011 From India, Pune
This Policy will covers employees who are on duty. (i.e. started from residence to reached to residence, and the meantime is for the purpose of on duty). If this period any accident happens, which results death or injuries, the policy benefits can be availed. If any accident happens in non duty period for example after reaching the home or on leave period the policy benefits cannot be availed.
Dear Mr Prashant,
Workmen's Compensation Insurance (WC)
The employers’ legal liability under the W.C.Act to pay compensation to employees not covered under E.S.I.Act for bodily injury or disease sustained / contracted out of and in the course of employment is covered by this policy. Liability to employees under Indian Fatal Accident Act 1855 and at Common Law are also covered under the policy.
Scope of Cover
a) The Workmen’s Compensation Insurance Business in India is controlled by the Workmen’s Compensation Insurance Tariff (W.C.Tariff). The Tariff provides for two types of Insurance as follows:
Table A: This policy provides indemnity to the Insured if any employee in the Insured’s immediate service shall sustain bodily injury by accident or contracts disease arising out of and in the course of his employment by the Insured in the Business and if the Insured shall be liable to pay compensation for such injury either under.
i) Workmen’s Compensation Act, 1923 and subsequent amendments of the said Act prior to the date of issue of the Policy provided that the insurance granted is not extended to include any interest and/or penalty imposed on the insured on account of his / their failure to comply with the requirements laid down under the W.C. Act, 1923, and
ii) the Fatal Accident Act, 1855 of at Common Law
And in addition all costs and expenses incurred with the company’s consent in defending any claim for such compensation.
Table B : This Policy provides indemnity to the Insured against their legal liability under the Fatal Accidents Act, 1855, and at Common Law. (This Policy is not issued to cover employees who fall within the definition of “workmen” under the Workmen’s Compensation Act, 1923, as amended).
b) The Policy excludes
i) any injury by accident or disease directly attributable to war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, Mutiny, insurrection, rebellion, revolution or military or usurped power.
ii) the Insured’s liability to employees of contractors to the Insured.
iii) any employee who is not a workman within the meaning of the Laws.
iv) any liability of the Insured which attaches by virtue of an agreement but which would not have attached in the absence of such agreement.
v) any sum which the Insured would have been entitled to recover from any party but for an
agreement between the Insured and such party.
30th January 2013 From India, Mumbai
9th August 2014 From India, Nellore
One issue raised, one employee He was going to home after completion of his duty by bike on dated 02.04.2015 but unfortunately he met with an accident after going two km from the working site. Accident is occurred in course of employment. In the accident his leg fractured & also some serious wounded.Now he has reported to office & submitted his bills of Rs.100066/-.
As per my knowledge regarding WC policy only 5% of gross is given in account of Medicliam.
So you are requesting to kindly suggest us that how we apply through WC.
31st July 2015
I am running my small organisation for DG maintenance in Delhi-NCR.one of our trainee met with an accident at the time of returning to his hometown at 11.00pm on bike which is registered under my name he passed away due to injuries bcoz he was not wearing helmet.
his family filed a case after 2 years under WC Act section 4 in bhiwani comissioner office, on the ground of during the course of employment and going to home due to office work which is manipulated by their advocate.
can anyone help me with good labour lawyer in bhiwani also tell us that we are liable to pay the compensation because he took bike with any permissions to his hometown and he was on off duty.
7th August 2018 From India, Kolkata