Please refer to the below link which has the bare act of workmen (employee) compensation act. Which covers mostly for blue collar jobs. Not for clerical or managers or supervisors.
You can approach insurance companies to cover the workmen compensation insurance to all employees.
Provided that the employer shall not be so liable—
(a) in respect of any injury which does not result in the total or partial disablement of the employee for a period exceeding three days;
(b) in respect of any [injury, not resulting in death or permanent total disablement, caused by an accident which is directly attributable to—
(i) the employee having been at the time thereof under the influence of drink or drugs, or
(ii) the wilful disobedience of the employee to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of employees, or
(iii) the wilful removal or disregard by the employee of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of employees,
this makes clear the liability of an employer with respect to payment of compensation to employee.
Warm greetings !!!
Every employee in the organisation irrespective of his designation is covered under Employee Compensation Act. Employee will be benefited either through Employee Compensation Act or ESI Act. However In organisation where gross salary of the employee is more than Rs. 15000/- exempted to get cover under ESI Act.
Thanks and warm rgards,
If the company is in area uncovered by ESI, then you need to obtain WC policy for all employees. If the above sentence is true, then you need to cover 15000+ employees under WC policy.
Depending on age & percentage of injury, the compensation is payable to injured / family .of deceased. The amount can run into lakhs of rupees, as such obtaining WC policy is a must for such businesses. It is available from general insurance company.
An "employee" who suffers an injury or dies due to an accident which arises out of and in the course of his employment is entitled to get compensation under the Employees Compensation Act from his employer. The term "employee" is defined in the ECAct.
when an accident could be said to have arisen out of and in the course of his employment. Courts have held that an accident could be said to have arisen out of and in the course of employment if there is a causal connection between the accident and the employment. This depends on the facts of each case.
Thanks for your precious time taken to clarify the question I had raised on Workmens/Employees Compensation.
I would like to highlight here that I am based out of UAE and not in India, so I would need guidance as per UAE Labor Law.
May I please give a scenario and request one of you to clarify on the same subject?
An employee(office based, UAE) who is stepping out for a break or just walks inside the office space and moves from one to other cabin and causes him/herself an injury just by walking towards the exit/any other doors and bangs against the door by mistake and thereby injured, will this employee be covered under Workmens compensation or by regular Medical Insurance?
Employees engaged in 'uncovered' ESI areas will fall under Employees' Compensation Act.
The injury caused while going to & coming from duty was covered under Employees' Compensation Act due to Supreme court rulings. ESI Act has been amended to cover these aspects. Please note this.
Somebody has mentioned that Employees' Compensation Act.is not applicable to managers; it is totally wrong statement.