Is there any law in India that specifies the compensation to be paid for accidents arising out of work for an office worker or an IT professional? Does the Employee Compensation Act cover the service sector? Kindly revert.
Regards,
Unnikrishnan
From India, Trivandrum
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3Regards,
Unnikrishnan
From India, Trivandrum
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Application of the Employees' Compensation Act in Kerala
The Employees' Compensation Act has limited application in the IT/Service sector in Kerala, except for persons employed as drivers, in the repair and maintenance of electrical fittings, as watchmen, and in loading and unloading activities.
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From India, Thiruvananthapuram
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The Employees' Compensation Act has limited application in the IT/Service sector in Kerala, except for persons employed as drivers, in the repair and maintenance of electrical fittings, as watchmen, and in loading and unloading activities.
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From India, Thiruvananthapuram
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IT Companies in Special Economic Zones (SEZ)
The IT company is an establishment. However, if it is in a Special Economic Zone (SEZ), labor laws will not apply to it.
Nevertheless, even though it is exempt from certain labor laws, if an employee experiences an accident while at the office, the employer is obligated to provide compensation. If the employer refuses to pay compensation, you have the option to file a civil case.
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From India, Hyderabad
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The IT company is an establishment. However, if it is in a Special Economic Zone (SEZ), labor laws will not apply to it.
Nevertheless, even though it is exempt from certain labor laws, if an employee experiences an accident while at the office, the employer is obligated to provide compensation. If the employer refuses to pay compensation, you have the option to file a civil case.
Regards,
From India, Hyderabad
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As narrated by Mr. Mathew, no such exemption is available in the case of SEZ, and the WC Act is applicable in case of injury caused under Section 3, Chapter II of the Workmen Compensation Act.
Compensation for Work-Related Injuries
If personal injury is caused to a workman by an accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this chapter. Provided that the employer shall not be so liable:
- (a) In respect of any injury that does not result in the total or partial disablement of the workman for a period exceeding three days.
- (b) In respect of any injury, not resulting in death, caused by an accident which is directly attributable to:
- (i) The workman having been at the time thereof under the influence of drink or drugs, or
- (ii) The willful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of workmen, or
- (iii) The willful removal or disregard by the workman of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of workmen.
In case the employee concerned is covered under the provisions of the ESIC Scheme, the claim has to be paid by the ESIC by following the procedure laid down.
Regards,
P. K. Sharma
From India, Delhi
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Compensation for Work-Related Injuries
If personal injury is caused to a workman by an accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this chapter. Provided that the employer shall not be so liable:
- (a) In respect of any injury that does not result in the total or partial disablement of the workman for a period exceeding three days.
- (b) In respect of any injury, not resulting in death, caused by an accident which is directly attributable to:
- (i) The workman having been at the time thereof under the influence of drink or drugs, or
- (ii) The willful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of workmen, or
- (iii) The willful removal or disregard by the workman of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of workmen.
In case the employee concerned is covered under the provisions of the ESIC Scheme, the claim has to be paid by the ESIC by following the procedure laid down.
Regards,
P. K. Sharma
From India, Delhi
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Compensation for Work-Related Accidents
Accidents arising out of work shall be compensated. Several judgments ensure this. If laborers cannot claim compensation for work accidents, then there is no natural justice. Proceed in the right way.
(Note: I have corrected the spelling errors and punctuation, as well as adjusted the paragraph formatting for better clarity.)
From India, Chennai
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Accidents arising out of work shall be compensated. Several judgments ensure this. If laborers cannot claim compensation for work accidents, then there is no natural justice. Proceed in the right way.
(Note: I have corrected the spelling errors and punctuation, as well as adjusted the paragraph formatting for better clarity.)
From India, Chennai
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