- 26-Apr-2025
- Personal Injury Law
In India, the Employees' Compensation Act, 1923 ensures that workers who suffer injuries or occupational diseases in the course of their employment are compensated by their employer. However, not all workers are automatically eligible for workers' compensation. The eligibility depends on the type of work they do, the nature of the injury, and the employment conditions. The law outlines specific criteria that determine who qualifies for compensation, as well as the types of injuries or diseases that are covered.
Under the Employees' Compensation Act, 1923, the term workman is broadly defined. It includes workers engaged in manual labor or work related to an industry. This includes workers in factories, mines, construction sites, agricultural work, and even those working in hazardous conditions.
The Act applies to workers in various sectors such as factories, shops, mines, and construction industries. It also includes workers in hazardous occupations, such as those working with heavy machinery or toxic chemicals, who are at greater risk of injury.
Both permanent and temporary workers are eligible for compensation under the Act, provided their injury or illness occurred in the course of employment. This includes contract workers and part-time employees as well, as long as they fall under the definition of workman.
Even if a worker is employed on a contract basis, they can claim workers' compensation if the injury or death arises from their work duties.
Casual laborers are also eligible for compensation, as long as they meet the conditions outlined in the Act, which are based on their work and the injury sustained.
A worker is eligible for compensation if they suffer an injury while performing their job, whether it’s a direct injury, such as a fall or machinery accident, or an indirect one, like being exposed to toxic substances over time.
Workers who suffer from diseases caused by their work environment, such as respiratory issues from inhaling dust, skin diseases from chemical exposure, or hearing loss from working with loud machinery, are also eligible for compensation under the Act.
Workers injured while traveling for work-related duties are also eligible for compensation under the law.
Certain categories of workers may not be eligible for workers' compensation if their job does not involve manual labor or is considered low-risk. For example, office workers or professionals who do not face physical hazards during their work may not be covered.
The Employees' Compensation Act generally does not apply to self-employed individuals, such as freelancers or independent contractors, unless they are employed by an entity that falls under the Act’s provisions.
Domestic workers, such as housemaids or caretakers, who are employed in private households, are not typically covered under the Employees' Compensation Act unless specifically included in the scope of employment in some specific jurisdictions or under particular laws.
A worker must sustain an injury during the course of employment. Injuries that happen outside of work hours or during personal activities are generally not covered under the Act.
If an accident occurs while the worker is performing tasks required by their job or while operating machinery or equipment as part of their job duties, they are eligible for compensation.
The worker or their legal representative must notify the employer and the appropriate authorities within a specified period after the injury or disease is discovered, usually within one to two years.
If a worker dies as a result of a work-related injury or occupational disease, their dependents (such as a spouse, children, or parents) are eligible for compensation under the Act. The compensation is generally paid to the legal heirs and can include funeral expenses as well as financial support for the family.
Workers are entitled to medical treatment for injuries caused during employment. This includes hospitalization, surgeries, rehabilitation, and other medical expenses related to the injury.
If the worker is temporarily disabled and unable to work due to the injury, they are entitled to wage compensation during the recovery period. This is typically a percentage of their regular wages.
Workers who suffer permanent disability due to a workplace injury (e.g., loss of a limb, impaired vision, or partial paralysis) are entitled to permanent disability compensation. The amount depends on the nature and extent of the disability.
If the worker dies as a result of a workplace injury or disease, their dependents (such as a spouse, children, or parents) are eligible for death benefits, which can include financial compensation and funeral expenses.
Imagine a factory worker who is injured while operating a machine, resulting in a severe hand injury:
Under the Employees' Compensation Act, 1923, workers who suffer injuries or occupational diseases during the course of employment are eligible for compensation, provided they meet the specific criteria outlined in the Act. This includes workers in hazardous jobs, temporary, contract, and part-time workers, as long as the injury or illness is work-related. However, certain workers, such as self-employed individuals or those in non-hazardous occupations, may not be covered under the Act. The law ensures that workers and their dependents are financially protected in case of accidents or death due to work-related incidents.
Answer By Law4u Team
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