Dear Deepali,
To stake a claim for compensation successfully under the Employees Compensation Act,1923, the following facts should be present and proved with appropriate documentary and other evidence:
(1) Applicability of the Act of 1923. It is very important that the victim of the accident/workman should not have been covered by the Employees' State Insurance Act,1948.It is possible that by virtue of ceiling on wages, some employees can be out of the coverage of the ESI Act,1948.
(2) To claim compensation under the EC Act,1923, the victim of the employment accident shall be an "employee" as defined u/s 2(1)(dd) read with Schedule II of the Act. Here the nomenclature of the designation of the employee does not matter but only the capacity of the employment as mentioned in the list contained therein the Schedule. The list is not illustrative but exhaustive. In other words, if the victim's capacity of employment is not included in the list, he is out of the purview of the Act and hence can not seek any remedy under the Act. So, Deepali, you have to make sure that you were an " employee" as per the Act at the time of the accident.
(3) The injury or death of the employee should have been caused by an employment accident. Either the term " accident " or the phrase " employment accident " is not defined in the Act. They have to be inferred from the language of Section3 of the Act which prescribes the employer's liability for compensation. In other words the liability of the employer to compensate will arise only when the personal injury or death of the employee is due to an accident arising out of and in the course of his employment. The phrase " ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT" does not stop with its literal meaning alone and capable of getting extended beyond the zone of employment with reference to time and space. So, Deepali,Had the accident occurred while you were travelling in the vehicle arranged by the Company, it is a sure case of employment accident.
(4) The injury sustained in the employment accident should have resulted in partial disablement or permanent partial disablement or total disablement of the employee. Partial disablement is of a temporary nature so as to reduce the earning capacity of the employee in any employment in which he was engaged at the time of accident. Permanent partial disablement is of a permanent nature so as to reduce the earning capacity of the employee in every employment which he was capable of undertaking at the time of the accident. Every injury specified in Part II of Schedule I should be deemed to result in permanent partial disablement. Total disablement is such disablement, whether of a temporary or permanent nature, incapacitating the employee for all work he was capable to perform at the time of accident. The injuries specified in Part I of Sch I independently constitute permanent total disablement. However, if the aggregate percentage of the loss of earning capacity of any combination of the injuries in part I and those of part II amounts to 100% or more, it will be also construed as permanent total disablement. Therefore, assessment of disability by a qualified Medical Practioner and issue of a disability certificate is an important step prior to making a claim for compensation. Deepali, it is better that you get yourself examined by an Orthopedician and a nurologist and get separate disability certificates for rib fractures and brain injury.
(5) As per the amendments effective from 18-01-2010, the newly inserted section 4(2A) provides that the employee shall be reimbursed the actual medical expenditure incurred by him for treatment of injuries caused during the course of employment. So, collect the original medical bills you paid and add up the expenses to the compensation claim.
(6) If the physical problems you alleged to suffer even as of now are true, yours is a genuine case of permanent total disability. So the matter of your resignation could be another reasonable point substantiating your claim for compensation.
The limitation period for filing the claim is not yet over. Therefore, engage an experienced counsel in employees compensation and get the claim filed before the area Commissiner for Employees Compensation.
Wishing you good luck!