What to Do in Case of Workplace Injuries in India?

Workplace injuries are an unfortunate reality in many industries, often leading to physical, emotional, and financial strain for employees and their families. In India, several laws have been put in place to ensure that workers are adequately compensated for injuries or illnesses that occur as a result of their jobs. The laws aim to protect the rights of employees and make employers accountable for creating safe working conditions.

This article will guide you through the necessary actions and the legal processes involved in claiming compensation for workplace injuries in India.

What Do Workplace Injuries Include?

Workplace injuries include any physical harm, illness, or disability an employee sustains while performing their job duties. This includes accidents caused by unsafe working conditions, malfunctioning equipment, or negligence, such as slips, falls, or machinery-related injuries. It also covers injuries from repetitive strain, exposure to harmful substances like chemicals or dust, and occupational diseases such as respiratory issues, hearing loss, or vision impairment. 

Additionally, mental health conditions triggered by stressful work environments can be considered workplace injuries. Depending on the severity, these injuries can lead to temporary or permanent disability or even death. Employers are legally responsible for ensuring a safe workplace and compensating employees for work-related injuries under India’s Employee Compensation Act and the Employee State Insurance Act.

How to Handle Workplace Injuries in India

If you ever encounter an injury at the workplace or know someone who does, understanding the steps to take is crucial.

Step 1: Seek Immediate Medical Assistance

The first and most critical step after a workplace injury is to seek immediate medical help. Depending on the severity of the injury, this may involve visiting the company’s medical facility, heading to a hospital, or calling for an ambulance. It’s essential to get medical attention as soon as possible, both for the well-being of the injured person and for legal purposes.

Documentation of the injury is crucial as it forms the foundation for any potential claims for compensation. Make sure that the medical records include all the necessary details, such as:

• The nature and extent of the injury,
• The date and time of the incident,
• Medical treatment provided, and
• Any future treatment required.

If you’re unable to manage this yourself due to the injury, ask a colleague or a supervisor to assist in ensuring that all details are properly documented.

Step 2: Report the Incident to Your Employer

After seeking medical help, it is vital to report the workplace injury to your employer or supervisor. Every employer in India is obligated under law to maintain records of workplace injuries, accidents, or illnesses. The company may have an internal protocol for reporting such incidents, but regardless of the process, it is essential to file a written report.

Reporting the injury not only helps the employer to take any immediate safety measures to prevent future incidents but also plays a significant role in the compensation claim process. Make sure the written report contains:

• The date, time, and location of the incident,
• A detailed account of how the injury occurred,
• Names of any witnesses, and
• The nature and extent of the injury.

Once the report is filed, request a copy for your records, as this will be essential if a claim is filed later. If the injury is severe and may lead to a compensation claim, the employer is responsible for notifying the labor authorities and taking other necessary legal steps.

Step 3: Understand Your Rights Under Indian Law

India has a well-established legal framework to compensate workers who sustain injuries or illnesses on the job. Two key pieces of legislation govern workplace injury compensation in India:

1. Employee’s Compensation Act, 1923
   The Employee’s Compensation Act is designed to provide compensation for workers who sustain injuries, disabilities, or death while on the job. This Act applies to various industries such as factories, mines, plantations, and more. If the injury leads to disability or death, the employer is liable to provide financial compensation to the injured employee or their dependents.
   The 2017 amendment to the Act also requires employers to inform employees about their compensation rights under the law, either in writing or electronically, in a language that the employee understands. Failure to do so can result in fines ranging from INR 50,000 to INR 1 lakh.
2. Employee’s State Insurance Act, 1948 (ESI Act)
   The ESI Act offers broader social security benefits, including compensation for workplace injuries, medical benefits, and dependent benefits. It is applicable to employees earning up to a specified limit and covers a wide range of industries. The ESI Act provides compensation in cases of sickness, maternity, temporary or permanent disability, and death caused by employment-related injuries or illnesses.

Step 4: Gather Necessary Documentation for a Claim

If you decide to pursue a compensation claim, gathering the right documents will make the process smoother. Here’s what you’ll typically need:

• Medical Records: The initial diagnosis, any ongoing treatment records, and follow-up reports from your healthcare provider.
• Injury Report: The written report filed with your employer, including any internal investigation reports if available.
• Proof of Employment: Your employment contract, salary slips, or any other document that proves your employment status.
• Witness Statements: If there were any witnesses to the incident, their written statements could serve as supporting evidence for your claim.
• Accident Site Photos: If possible, take photographs of the accident site. These photos can help establish the conditions that led to the injury.

Having a comprehensive set of documents will strengthen your case when you file a compensation claim and protect your rights if there is any dispute.

Step 5: File a Compensation Claim

In India, workplace injury compensation can be claimed under the Employee’s Compensation Act or through the Employee’s State Insurance (ESI) scheme, depending on the employee’s eligibility. Let’s take a closer look at how to file a claim under each:

Filing a Claim Under the Employee’s Compensation Act

To file a claim under the Employee’s Compensation Act, follow these steps:

1. File the Claim Within the Stipulated Period: Under the Act, the injured employee or their dependents must file the claim within two years of the accident. The claim should be filed with the Commissioner of Employee’s Compensation in the relevant jurisdiction.
2. Submit Required Documents: Along with the claim application, submit all supporting documents such as medical records, proof of employment, witness statements, and the injury report.
3. Wait for Investigation and Decision: Once the claim is filed, the Commissioner may conduct an investigation to verify the facts of the case. After examining all the evidence, the Commissioner will issue a ruling on whether the employee is eligible for compensation and the amount to be paid.

If the injury leads to a disability that affects the employee’s ability to work, the compensation amount will depend on the degree of disability, the employee’s salary, and the relevant age factor as prescribed by the law.

Filing a Claim Under the ESI Scheme

To claim compensation through the ESI scheme, the injured employee must:

1. Inform the Employer and ESI Office: Report the injury to the employer and the local ESI office, providing details of the accident.
2. Obtain Treatment from an ESI-Recognised Hospital: The employee should receive treatment at an ESI-approved hospital or clinic. The ESI scheme covers medical expenses, including hospitalisation, surgery, medication, and rehabilitation.
3. Submit a Claim Form: The employee or their dependents must submit a claim form to the ESI office, along with necessary documents such as medical records, proof of employment, and the accident report.
4. Receive Compensation: After the claim is approved, the employee will receive compensation according to the degree of disability or injury sustained. Compensation may include disability benefits, medical reimbursements, and dependent benefits in case of death.

Step 6: Calculate Your Compensation

The amount of compensation you are entitled to depends on the severity of your injury or illness and its impact on your ability to work. The Employee’s Compensation Act provides specific guidelines for calculating compensation based on the type of injury:

• Permanent Total Disability: If the injury results in permanent total disability, the compensation is equal to 60% of the employee’s monthly wages multiplied by a factor based on the employee’s age or INR 1,40,000, whichever is higher.
• Permanent Partial Disability: For permanent partial disability, the compensation is calculated based on the type of injury and the employee’s loss of earning capacity. The law provides a detailed schedule that lists various types of injuries and the corresponding compensation amounts.
• Temporary Disability: In cases of temporary disability, the employee is entitled to receive 50% of their monthly wages every two weeks during the period of incapacity.
• Death: In the unfortunate event of death, the dependents of the deceased employee are entitled to receive compensation equal to 50% of the employee’s monthly wages multiplied by the relevant factor or INR 1,20,000, whichever is higher.

Step 7: Consult a Lawyer If Necessary

In some cases, disputes may arise regarding the compensation claim. If the employer denies liability or if the compensation amount offered is inadequate, you may need to consult a lawyer who specialises in labour law or workplace injury claims.

An experienced lawyer can help you:

• Negotiate with your employer or the insurance company,
• Represent you in front of the Employee’s Compensation Commissioner, and
• Appeal the decision if your claim is rejected or if you are dissatisfied with the compensation amount.

Step 8: Know Your Employer’s Responsibilities

Employers have a legal obligation to provide a safe working environment for their employees. If an accident occurs, they are responsible for:

• Providing Immediate Medical Assistance: Employers must ensure that injured workers receive prompt medical care and transportation to a hospital if necessary.
• Paying Compensation: If the injury or illness is work-related, the employer is legally required to compensate the employee under the Employee’s Compensation Act or the ESI scheme.
• Filing the Necessary Reports: Employers are obligated to report the accident to the labor authorities and provide documentation for any compensation claims.
• Ensuring Safe Working Conditions: The employer must take corrective measures to prevent future accidents and maintain a safe working environment.

Failure to comply with these responsibilities can result in penalties, fines, and even legal action against the employer.

Conclusion

Workplace injuries can have life-altering consequences, but understanding your rights and the legal steps to take can help you navigate the situation more effectively. India’s compensation framework, governed by the Employee’s Compensation Act and the ESI Act, ensures that injured employees are protected and fairly compensated.

If you or someone you know experiences a workplace injury, remember to:

1. Seek immediate medical help,
2. Report the incident to your employer,
3. File a compensation claim, and
4. Know your rights under the law.

By following these steps, you can ensure that you receive the compensation and support you deserve during this challenging time.