Shielding Workers, Securing Futures |
Employee compensation under the Code on Social Security, 2020 (“Code”) forms a crucial part of India’s labour welfare framework, ensuring financial protection to employees in cases of workplace injury, occupational disease or death. It lays down clear principles governing employer liability, compensation and procedural safeguards, reflecting a strong commitment to social security and worker protection.
What is required when a fatal accident or serious bodily injury occurs at the workplace?
(a) Where any law requires that notice of an accident resulting in death or serious bodily injury be given by or on behalf of an employer, the person responsible for giving such notice must, within seven days of the occurrence of death or injury, send a detailed report to the competent authority explaining the circumstances surrounding the incident.
(b) However, if the State Government has specified otherwise, the report may be sent to the authority already designated for receiving such notice instead of the competent authority.
(c) Serious bodily injury refers to injuries involving permanent loss or impairment of any limb, permanent damage to sight or hearing, fracture of any limb, or injuries that compel the employee to remain absent from work for more than twenty days.
(d) The State Government may also extend this requirement to other classes of premises and specify who must submit such reports. These provisions do not apply to establishments covered under the Employees’ State Insurance scheme.
When is an employer liable to pay compensation to an employee?
(a) An employer is liable to pay compensation when personal injury is caused to an employee due to an accident or occupational disease arising out of and during the course of employment.
(b) However, the employer is not liable in cases where the injury does not disable the employee for more than three days. Further, no liability arises if the injury, not resulting in death or permanent total disablement, is directly attributable to intoxication, wilful disobedience of safety rules, or deliberate removal or disregard of safety devices by the employee.
Can compensation still be claimed if the employee acted against instructions or law?
Yes, compensation may still be claimed if the accident would have otherwise arisen out of employment and the act was done in connection with the employer’s business. Even if the employee acted in contravention of instructions or law, compensation may still be payable provided the act was related to the employer’s work.
How are occupational diseases treated for compensation purposes?
If........