Casual Laborer Accident Claim: What Can Employers Do When Facing Compensation Petitions?

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A casual laborer met with an accident due to her negligence in the shop. The employer treated her well and paid Rs. 15,000/=, and had the document signed by the victim. Now, she has filed a petition claiming she was earning Rs. 200/= per day. What defenses are available for the employer? Thanks in advance.

As per the Workmen's Compensation Act, please refer to Schedule I to check the injury and its corresponding compensation percentage. Also, refer to Schedule IV to determine the Age Factor based on her age and proceed with paying the compensation through the WC Commissioner. I hope you have already been informed about the accident that occurred at your establishment and have initiated the process for compensating the victim.

Even though the accident resulted from her negligence in the shop, the employer is ultimately responsible as they are required to ensure proper supervision at the workplace to prevent accidents or incidents.

In cases governed by the WC Act, the Workmen's Compensation Act consistently prioritizes the well-being of the worker.

Thank you.

Dear Sirs, a lot of thanks for the prompt reply. By the way, this is not my case, but my client's case.

Eligibility for Compensation

Is casual labor eligible for compensation when she met an accident in September 2008 due to her negligence in the shop, stating she was earning Rs. 200 per day? Can the employer's expenses for treatment and documents signed by the victim for the same be deducted from the total compensation? What defenses are available for the employer?

Thanks in advance.
Regards

Dear Advocate, you cannot get the answer you expect, but you will receive answers based on what the law of the land dictates. Please refer to Article 39 of the Constitution for the case mentioned.

In the event of an injury to a female worker, regardless of her negligence, the employer would be liable to provide compensation. Kindly verify the following information:

- Age of the injured person
- Gross wages per day
- Date of joining
- Disablement percentage
- Type of disablement

Does this imply a casual relationship, meaning she was working through a contract agency for the employer? If so, was the labor contractor duly registered under the Contract Labor Act?

Thank you.

Is the shop covered by the ESI Act? If yes, then the worker can get ESI benefits. If not, then in the case of employment injury, she can claim compensation under the Employees' Compensation Act, irrespective of being casual. Also, the amount paid to her for treatment cannot be set off. You may have the payment slips given to her, which will show her daily salary. Based on that, as well as total or partial disablement, the compensation is worked out.

Thank you very much for the prompt reply. By the way, here are some details regarding the injured person:

- Age of Injured Person: 35
- Gross Wages per Day: There is no record, but Rs. 100 per day was given.
- Date of Joining: There is no record, but the person worked for 40 days in 2 months.
- Disablement in %: No record was produced as the trial is pending.
- Type of Disablement: No record was produced as the trial is pending.

Thank you for your attention to these details.

Best regards,
[Your Name]

Dear Manoharan, As asked by Mr. Prashant, please refer to Schedule I of the Workmen's Compensation Act and find out the disablement percentage and type of disablement by checking the medical records of the injured. You have mentioned that you make a payment of Rs. 100 per day to the lady. This would be against the Minimum Wages Act. Therefore, please do not state that you are paying less than the minimum wages, i.e., Rs. 100 per day.

Mr. Ingawale will guide you on the compensation amount that needs to be paid for the victim to settle the issue.

All the best.