Stephen_7
Senior Officer - Hr
Pranab.kumar
Administration & Hr
Vidya.venkatraman@yahoo.com
Human Capital Officer
+5 Others

Hi,
Can some one please explain what is work related injury under workmens compensation?
I am an HR officer on a Generalist role. One of my colleague says Workmens compensation should be for every employee in the company irrespective of your role. But my knowledge from my experience and curriculum is that Workmens compensation is eligible only if you are involved in certain activities at work which involves risk of causing injury or other mishaps.
Please correct me if I am wrong by providing the right meaning and eligibility details of this benefit.
Thanks & Regards,
Vidyalakshmi KV
Dear Vijayalakshmi,
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.
https://www.citehr.com/253120-employ...ached-zip.html
You can approach insurance companies to cover the workmen compensation insurance to all employees.
3. (1) If personal injury is caused to an employee by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this Chapter:

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.
Dear Vidyalaksmi,
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,
Pranab Chakraborty
9404384433
Every employee is not covered by Employees Compensation Act.Only those who are falling under the definition of employee under the Act, and not covered under the ESI Act are entitled for the benefit under the Act.
Even if the org is covered under ESI act, there could be employees having salary of Rs. 15000+.
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.
Dear Ms Vidyalakshmi
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.
With regards
Dear Cite HR Members,
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?
Regards,
Vidya KV
The injury has occurred within office premises and could reasonably be attributed to be the result of employment.
While I am not aware of UAE law, the injury should be covered by Workmen compensation as applicable in UAE.
Dear Ms Vidya It is not appropriate to offer any view without studying the provisions of the law that is applicable Regards
who are not eligible ESI , they are eligible for workmen compensation, at work time only (as on Workmen Compensation act, 1923)
Applicability of ESI is per month wages; the Act is currently applicable to employees drawing monthly salary of Rs. 15000. All employees drawing more than this amount fall under the Employees' Compensation Act.
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.
Shrikant

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