Navigating Minor Workplace Accidents: What Needs Reporting and How to Handle Claims?

Dear Seniors,

1. Is it required to mention a minor/non-reportable accident in the accident register?
2. If it prevents a workman only for 24 hours from working, is there a need to send a notice to the concerned authority?
3. How can one claim medical reimbursement for such a workman if he is on contract?

Regards,
Abhay

Dear Abhay,
There is no such register, but companies have created their own format to register minor accidents or non-reportable accidents to identify the root cause and initiate corrective actions. These statistics alert management to avoid fatal/reportable accidents.

Reporting Accidents
We have to send the notice in a particular form as per the Factories Act to the concerned Inspector of Factories only for reportable accidents or fatal accidents. There is no need to send all the reports, particularly for minor incidents.

Handling Injuries Under ESI
If it is covered under ESI, then we have to send the injured person to an ESI hospital to get treated and claim the benefits. If it is not covered under the ESI Act, we have to opt for Workmen Compensation Policy, private mediclaim insurance, or Uni Safety Insurance. The procedure to claim the benefit is available in the act itself.

Regards,
R. Palaniswamy

I disagree with your comments on the posted questions. Maintaining a Register of Accidents and dangerous occurrences is mandatory as per factory rules. During site visits, the inspector/deputy chief inspector/chief inspector checks the same and countersigns it.

Dear Abhay, my answers are as follows:

1. Yes. Please refer to the following as per Kerala factories rules. Please cross-check with your state rules.

Rule 131 under Section 112: Register of Accidents and Dangerous Occurrences

The manager of every factory shall maintain a Register of all accidents and dangerous occurrences that occur in the factory in Form No. 26. Form No. 26 is the Register of Accidents, Major Accidents, and Dangerous Occurrences.

2. No.

3. Mr. Palaniswamy has already explained. You have to deal with the insurance company to get the claim.

Even though my answer to question No. 1 is yes, most Indian companies only enter reportable and fatal accidents into the register. It's all up to the management's commitment.

Regards,
Dipil Kumar V

Dipilji & Mr. Palaniswamy,
Thank you.

Dipilji, just 2 queries regarding pt. no. 2:
My experience is: generally, the doctor asks the injured person to take 1-2 days rest at home even though he looks fit to us. It also prevents workmen from working, so does it then become reportable?

Regards,
Abhay

In any case, if an employee fails to join duty within 48 hours of an accident, it will count as a reportable incident. If a doctor advises two days of rest to an employee, you have to further assess the situation. Talk with the employee, and if they are ready, bring them back to duties the next day and even keep them idle in the plant while showing their attendance. If the factory has a Medical Officer, they will assess the situation and provide rest only for specific categories. These issues may arise when the injured person consults an external doctor.

Regards,
Dipil Kumar V

Thanx, Dipilji,

By this way, you have also explained the importance of the presence of a factory medical officer in the factory.

Regards,
Abhay