Worker Injured on Duty: How Can I Ensure They Get Fair Treatment and Justice?

Scenario of Worker Injury While on Duty

What is the scenario when a worker is injured while on duty? My boss says that the company will not cover his expenses.

Steps to Ensure Employee Receives Justice

What steps can I take to ensure the employee receives justice? Please help.

Hi Rohit, Just wanted to know how big your organization is. Does it have enough funds to pay compensation? If yes, then he can appeal to the labor commission or even file a case against the employer. If it can be proved that he was injured while working, the employer will be forced to pay. If he does not have funds, then the person can even be put behind bars.

Regards, Anita

Payment of Compensation under EC Act 1923

The Employee's Compensation Act 1923 provides for the payment of compensation to an employee if a personal injury is caused by an accident arising out of and in the course of employment. The employer shall be liable to pay compensation in accordance with the provisions of this Act, which includes:
1. Death
2. Permanent total disability resulting from the injury
3. Permanent partial disability resulting from the injury
4. Temporary disablement, whether total or partial, resulting from the injury.

However, the employer shall not be liable to pay compensation:
1. If the total or partial disablement is for a period not exceeding 3 days.
2. Except in cases of death and permanent total disability, if the injury is caused by an accident when the employee was under the influence of drink or drugs, or due to willful disobedience to safety rules, or willful removal or disregard of safety guards or safety devices.

Reimbursement of Medical Expenditure

The employee shall be reimbursed for the actual medical expenditure incurred for the treatment of injuries caused during the course of employment (Section 4(2A) w.e.f. 18.1.2010).

Rohit:

Expenditure reimbursement and compensation are to be paid as per the EC Act, as mentioned by Mr. Kutty rightly. It does not matter how small or large your organization is or whether it is making a profit or not. The law is very simple in this case; as the accident has happened in the course of work, the entire medical expenditure is to be borne by the company. Furthermore, his leave of absence due to the accident should be paid days.

On your part, you can educate him about his rights under the EC Act and also suitably advise your management about the pitfalls of not paying the compensation by showing the necessary clauses, as the seniors may not know the exact provisions of the EC Act and the penalties.

Regards,
Dixon Tata Trent, Pune

I agree with Mr. Dixon. The provision for the payment of expenses was not in the Act until 18.1.2010. However, good employers used to take care of their employees in the case of employment injury, even though they were not legally bound to do so.

By meeting the medical expenses of employees who met with an injury and taking care of them, the management can send a positive message to the rest of their employees.

I am anxious to know under which provisions of the Employees' Compensation Act 1923, an employer who refused to pay the expenses to the injured employee can be put behind bars?

Hi, I have one more question. If an employee is injured in an accident during their lunch hour, is the employer liable to pay anything to the employee? If yes, please tell me the procedure.

Dear Nijan, it's a yes. Please refer to the post of Mr. Kutty. The employer is liable to pay if an accident occurs during work or "in the course of employment." The procedure is to educate people about the same and get it done.

Acknowledgment to Mr. Kutty

Dear Mr. Kutty, thanks for your valuable inputs.

Thanks and be safe,

Regards, Inderjeet Singh

Legal and Humane Considerations for Casual Laborers

What happens if the employee is a casual laborer? For example, one of a few workers who sustains an injury or dies due to a ladder collapse while working high on a wall while painting your house. There is no contractor and no written contract, simply a few men who offered to undertake the work for a specified payment. No technicalities, just a common day-to-day occurrence, were it not for the injury/death!

It is a situation any one of us can face at any time. Please air your views keeping in mind the legal as well as the humane aspects.

Thank you.

In the example you bring out, working at home, if you care enough, give some compensation to the victim of an accident, or else legally no one can harm you. These are unorganized sectors, and no rules exist in our country to protect them. I learned about such an unorganized sector that exists in our country, the agate industry. This is just one example; many such situations exist. In the agate industry, workers are exposed to silicosis and are dying. Even after knowing this, government organizations are not doing enough to protect their lives. Many NGOs are working for the upliftment of similarly affected people and helping them get their rights. PTRC in Khambhat is an example, and in this forum itself, we have a member from PTRC.

So, the unorganized sector needs strong support from NGOs to get the government's attention and to make rules to protect them from getting hurt. There is a long way to go...