Injured at Work and Uncompensated: How Can This Worker Seek Justice and Compensation?

Worker used to get his wages in cash at the end of the month. He used to work at a weaving factory in Bhiwandi, Thane district of Maharashtra. He got injured in the eyes from the weaving machine and was admitted to the government hospital, losing eyesight in one eye. He did not complain to the police station due to employer pressure and has not received any compensation. Now, he is permanently unemployed and unable to work.

How can he claim compensation from the employer and where should he file a complaint? He is from Gonda district of Uttar Pradesh.

Get in touch with a nearby labor lawyer/consultant along with some coworkers of the establishment who can provide witness to the incident. Without complete information, it is not possible to offer any advice on anonymous queries.

Compensation for Permanent Disability Under the Employees' Compensation Act, 1923

Even a casual laborer suffering from any permanent disability caused by an employment accident is entitled to compensation under the Employees' Compensation Act, 1923. Loss of vision in one eye is considered a permanent partial disablement, reducing the individual's earning capacity by 30% to 40% as per Schedule I of the E.C. Act, 1923.

Certainly, there would be entries about the cause of injury and the place of the accident in the Accident Register maintained by the government hospital, and the details of admission, treatment, and discharge in the discharge summary issued. Therefore, the absence of a police complaint should not be a major issue in defeating any claim for compensation in such circumstances.

Though the place of the establishment is in the State of Maharashtra, if the individual is a resident of U.P., his claim for compensation initially filed in Maharashtra can be later transferred to U.P. It is advisable to engage the services of a counsel well-versed in labor matters.