Rights of Employees
Workplace injuries in India have been a serious issue. Millions of people in all areas ranging from manufacturing and construction to various services are nowadays at risk of injuries. Even though legal responsibility is bound to employers in relation to offering safe working conditions, accidents can occur. It is, therefore, essential to inform the employee of his rights and the procedure required for claiming redressal and compensation. Here in this article, we discuss how the employee in India should react to injury at the workplace and their corresponding rights in labour law under Indian jurisdiction.
- First Measure: Reporting the Injuries
The first step to handling an injury in the workplace would be to report it to your employer or supervisor immediately. India being a country requires reporting an injury right away for health purposes, as well as for legal reasons. The onus of ensuring that one receives the best possible treatment falls on the side of the employer. In other industries, notification of the right people is required especially if the injury occurred in dangerous working conditions like construction sites or factories.
As soon as the accident is reported, documentation of the event becomes necessary. It would essentially mean recording and including the time, place, and circumstances of the injury and any witness statements. This documentation will help file a workers’ compensation claim and aid in case of disputes.
- Workers Compensation in India
India has a suitable legal framework for providing compensation to employees who suffer injury at work. Formerly known as the Workmen’s Compensation Act, the Employees’ Compensation Act, of 1923, offers benefits to workers who are deceased in an accident at work or who are injured or disabled. All employees making less than Rs. 1,40,000 are covered by this Act.
Compensation to Workers
Under this Act, workers’ compensation covers:
Medical expenses: Employer covers these expenses in the form of medical bills resulting from the injury.
Wage compensation: The degree of this form of compensation is the severity of the injury. The law requires that employers pay workers’ wages if it causes temporary or permanent impairment.
Death or Permanent Disability: The Act provides provisions for death and permanent disability compensation. The Act outlines a formula, depending on the type of disability, that computes the amount of compensation payable for permanent disability. The formula is a percentage of the average monthly salary of the employee.
Funeral Expenses: If a person becomes injured to the point of death, the Act leaves the surviving family with a fixed amount in case it is required to fund funeral expenses.
This Act entitles an employee to compensation through a registered application made to the employer or the concerned government office. Compensation is legally payable to the injured employee at the hands of his employer, and if the employer declines or delays payment, the employee can even file a case in the labour court.
- Protection against Retaliation
Victim of workplace injury, protection against retaliation by employers who report or claim compensation is offered in India. According to the Employees Compensation Act, it is against the law for an employer to dismiss, demote, or harass an employee for claiming compensation after an injury.
If an employee believes that he or she is discriminated against or retaliated against because of the assertion of rights, he or she may file a complaint with the labour commissioner or any appropriate authority. It is within the law to allow oppressed employees following an injury at work.
- Trade Unions and Legal Aid
Role
Representing the workers and asserting their rights through various activities, trade unions play an important role when a worker is injured at work. The employees who are part of a trade union can approach the union for help in processing workers’ compensation and pushing against the resistance from the employer.
In circumstances where workers may file a compensation claim, workers may access legal aid if the compensation claim is declined or the level of injury is contested. There are several NGOs and legal aid providers in India offering free or low-cost legal expertise to workers who have suffered an on-the-job injury.
- Return to Work and Rehabilitation
When the employee is at a level of rehabilitation or has regained, he could be returned to work. In cases of permanent disability, reasonable accommodation by the employer should be made which could include modification of the workspace, giving alternative duties or training to an alternate job assignment.
Similarly, the ‘Persons with Disabilities Act, 1995’ also demands equal opportunities and accessibility for employment for workers suffering from disabilities caused by workplace injury. The employer is supposed to provide accommodations that will enable disabled workers not to be discriminated against in their continuation of employment.
Conclusion
Handling a workplace injury in India requires awareness of the legal rights and procedures that are in place to protect employees. These are essential steps, including reporting the injury to the concerned authority in time and obtaining medical treatment; filing for compensation under the Employees’ Compensation Act, protection from retaliation, legal aid, and the right to fair accommodations after recovery. In this regard, raising awareness of the rights among employees improves chances of dealing with the complexities related to work injury as well as opportunities for getting justice in cases of injustice.