The Workmen’s Compensation Act,1923 offers compensation to workers and their dependents in case of an accident that may arise out of and in the course of employment resulting in disability or death. It helps an employer by covering the legal liability which may arise when any of its workers meets with an accident at the workplace.
Also read: The new age workmen compensation policy
The Law
The Workmen’s Compensation Act, replaced by the Employers’ Liability Act 1880, gave the injured worker the right to sue the employer but put the burden of proof on the employee.
Workmen Compensation Act, 1923 applies to
- People employed in mines, factories, construction and manufacturing plants and other such places
- Workers dealing with LPG (Liquefied Petroleum Gas) or on any mechanical devices.
- Railway servants and to all such employees
Inclusions
- Death
- Permanent total disablement
- Permanent partial disablement
- Temporary disablement
- Legal expenses incurred
Exclusions
- Workmen under the influence of alcohol or drugs during the event of injury.
- Death or injuries caused due to war and nuclear perils
- Workmen’s disobedience to security and safety guidelines
- Any illness or injury not attributable to accidents in the workplace.
- Cases filed in the civil court by the employee against the employer
The Workmen Compensation Act mandates the employer to compensate for the workplace accidents resulting in death and injury to employees. Thus, it’s recommended for every employer to opt for the workmen compensation insurance policy to protect the business against such statutory liabilities along with assuring a financial security to its employees.
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