Workplace Accidents: Can Employees Take Legal Action if Compensation is Denied?

If one employee of the organization is in an accident on duty, what kind of claim has to be given by the company? If the company denies to give compensation, can any legal action be taken by the employee? Kindly furnish the details of the company (which is not a factory). What does labor law say about claims regarding accidents happening to employees while they are at work? What precautions can be taken to avoid such instances? What kind of protection can be provided by the company to the employee?

By way of supplement, normally, companies do not miss out on Workers' Compensation Insurance. Sometimes, if a claim is made, it is likely to be settled by the insurer (if all the documentation is proper) without going to court. Please consult your local lawyer for specialist advice.

Dear,

Accidents are generally caused by two reasons: Unsafe Conditions and Unsafe Acts. In any situation where an accident occurs, whether it is during or outside of employment hours, the employer is obligated to provide compensation to the employee under the Workmen's Compensation Act. The employee must file a claim at the Deputy Commissioner's office.

However, if the company can demonstrate that the accident resulted from the employee's failure to follow provided safety instructions, the employee may not be eligible for compensation. Compensation is determined in accordance with the Workmen's Compensation Act.