6. Discuss the employer's rights and responsibilities to compensate the injured employee under the Workmen's Compensation Act 1923.

Workmen Compensation Act of 1923 is the first social security measure implemented in India to provide workers and their dependents relief for harm by accident that results in either death or disability. It is a fictitious employment extension, in accordance with the theory of notional extension of employment. And it is a presumed or fictitious extension of an employee's working period under specific conditions so that the employee may benefit from temporary advantages provided by various laws by the employer. Even if the employer is not present on the premises when the accident occurs, there are several situations when he is nonetheless responsible for the harm done to his employees under the Workmen Compensation Act 1923.

WHAT IS THE SCOPE OF WORKMEN COMPENSATION ACT 1923?

The scope of the Workmen's Compensation Act 1923 can be broadly categorized as follows:

1. Scope:

When it comes to the employees that falls under this act, it covers full-time, part-time, temporary and permanent employees working in a variety of sectors and businesses. It applies to employees who meet the eligibility requirements, including contract workers.

2.Compensation for Injuries:

The main goal of the Workmen Compensation Act is to give employees who suffer from illnesses, impairments, or fatal accidents while on the job monetary compensation. The affected worker's medical bills, rehabilitation fees, and financial support for them and their family in the event of death are all covered by this compensation.

3. Occupational Diseases:

The Workmen Compensation Act also covers conditions that might be directly related to a worker's profession. Employees who get sick at work are entitled to compensation, per the Act.

4.Employer Liability:

Employers are responsible for paying benefits to their workers regardless of who was at blame for the accident or injury. According to the Act, the employee is entitled to compensation even if the employer is not at fault, creating a "no-fault" system.

5. Medical Benefits:

To ensure that wounded workers get the right medical care and hospital bills, the Employee Compensation Act includes provisions for further treatment and rehabilitation.

6. Reporting and Record-Keeping:

Employers are expected to keep thorough records of all incidents, diseases, and injuries received on the job and to notify the relevant authorities of such situations.

7. Legal Requirements:

To ensure that workers receive equitable compensation without undue delay or difficulty, the Employee Compensation Act established legal procedures for filing claims and disputes.

8. Exemptions and Limitations:

Certain working groups are exempt from the Employee Compensation Act 1923, such as those who are protected by other social security schemes, even though the Act covers a broad range of job circumstances. The Act also sets compensation ceilings that differ according to the kind of harm.

In conclusion, the Workmen's Compensation Act is an essential piece of labour law that aims to safeguard employees' rights and welfare in the event of diseases or accidents related to their jobs. It gives employees a sense of security and assurance in addition to financial support, which makes the workplace safer and more equitable. It is essential that employers and employees understand the terms and purpose of this Act in order to guarantee compliance and protect employee rights.

WHAT AIMS DOES THE WORKMEN'S COMPENSATION ACT PURSUE?

The Workmen's Compensation Act, passed in several countries, including India, safeguards the interests of employees and their families by establishing a structure for compensation in the event of work-related accidents or injuries. The following is a summary of the Workmen's Compensation Act's main goal:

1. Financial Protection for Workers:

The Act's primary goal is to guarantee that workers receive financial assistance in the event of accidents, illnesses, or even fatalities at work. By offering compensation, it helps injured workers and their families manage the financial difficulties brought on by lost income and rising medical costs.

2. No-Fault Compensation:

One of the key objectives is to establish a no-fault compensation system. This means that employees do not have to show that their employer was at fault or negligent to get compensation under the Act. Workers are entitled to compensation if the illness or injury is related to their employment.

3. Supporting Safety Measures:

The Employees Compensation Act 1923 notes that it can encourage businesses to adopt safety measures to reduce workplace accidents and injuries. By making employers financially accountable for workplace injuries, employers are incentivized to invest in safety measures, which reduces the risk of accidents.

4. Prompt and Equitable pay:

Ensuring that pay is given out swiftly and fairly is another crucial goal. Workers and their families should not have to engage in protracted legal fights to acquire the assistance they require in the event of an accident. The Employees Compensation Act 1923 notes a methodical procedure for determining and allocating compensation.

5. Legal Framework:

The Act offers a framework for submitting claims and resolving disputes involving illnesses or injuries at work. It details the processes for filing claims and lays the groundwork for legal action in the event of disagreements.

6. Lessening the demand on Welfare Systems:

By compensating injured workers, the Employees Compensation Act 1923 aids in lessening the demand on public health and social welfare services. This guarantees that the employer will continue to bear most of the financial burden for accidents at work.

7. Promoting Social Justice:

The Act upholds social justice ideals by making sure that workers and their dependents are not put in a precarious financial situation because of working mishaps. It promotes harmony in the relationship between employers and employees.

ARE THERE ANY LIABILITY OF THE EMPLOYER FOR COMPENSATION?

Yes, there are obligations placed on employers for compensation in the event of work-related injuries, disabilities, or fatalities under the Workmen's Compensation Act and legislation comparable to it in many other nations. These obligations are made to safeguard the rights and welfare of employees and their dependents. The following are the main obligations of the employer for compensation:

1. Strict Liability:

The Act normally subjects the employer to strict or "no-fault" liability. This means that regardless of whether the employer was careless or at fault for the accident or injury, the employer is nonetheless responsible for paying compensation to the employee or their dependents. Compensation is due as long as the injury is work-related.

2. Financial Responsibilities:

Employers are responsible for paying injured employees' or their dependents' financial damages. In addition to medical costs and lost wages, this compensation may also cover disability benefits and, in the event of a tragic accident, benefits for surviving dependents.

3. Prompt Compensation:

In the event of an injury or fatality at work, employers are expected to offer compensation right away. As the Act outlines an organised procedure for calculating and disbursing compensation, delays are normally discouraged.

4. Obligation to Maintain Records:

Employers are required to keep accurate records of workplace mishaps, illnesses, and injuries. For calculating the amount of compensation and guaranteeing Act compliance, this paperwork is crucial.

5. Compliance with Safety Regulations:

Employers are also responsible for making sure that safety standards and regulations are followed in the workplace. If an accident happens because there were insufficient safety precautions taken, failing to maintain a safe working environment may result in additional responsibilities.

6. Legal Recourse:

The Act normally gives injured workers or their dependents legal recourse to seek a just resolution in the event of disputes or conflicts over compensation.

7.Insurance Requirements:

To protect their liability for compensation, companies are frequently obliged to have workers' compensation insurance. This insurance acts as a safety net, ensuring that employers can fulfil their Act-related obligations.

HOW TO CHECK FOR THE APPLICABILITY OF THE WORKMEN’S COMPENSATION ACT?

The Act is applicable to the employment listed in Schedule II as well as factories, mines, plantations, transportation, establishments, construction projects, railroads, and other hazardous activities. Because the same benefit is granted under the ESI Act, 1948 for the disablement and death of the labourers and their dependents, establishments covered by that Act are kept out of the scope of this Act.

ELIGIBILITY CRITERIA OF WORKMAN COMPENSATION ACT

Every employee (including those hired through a contractor) who sustains any harm as a result of an accident occurring while they are on the job is entitled to compensation under this Act. For a worker to qualify for benefits under the Act, there is no upper wage limit. However, where a worker's monthly salary exceeds Rs. 4,000, only Rs. 4,000 is used to determine compensation in the event of death or permanent total disability.

According to Section 2(1)(m) of the Workman Compensation Act, wages are any privilege or benefit that can be valued in monetary terms, excluding travel expenses, the value of any travel concessions, employer contributions to employee pension or provident funds, and payments made to employees to cover any additional costs related to their employment.

Benefits included in the wages are –

1. Free accommodation;
2. Cleanliness allowance;
3. Overtime pay;
4. Benefits in the form of food and clothing;
5. Bonus;
6. Dearness allowance;
7. Value of any other concessions, benefits or privileges capable of being estimated in money.

Section 3 Employer’s Liability for Compensation – A workman is entitled to receive compensation from the employer in the following circumstances:-

A. In case of an accident;
B. In case of occupational disease;
C. The said accident or disablement has arisen out of and in the course of employment

WHAT ARE THE RULES THAT NEED TO BE KEPT IN MIND?

When is the employer exempt from the obligation to provide benefits?

According to the Act, employers are not required to provide financial rewards to their staff in the following situations:

• Disregarding safety regulations results in an injury or accident for the employee.
• Injury that leaves you completely or partially disabled for less than three days.
• for incidents or injuries brought on by drug- or alcohol-impaired driving.

CONCLUSION

According to government regulations, employers are required by the Workmen Compensation Act of 1923 to offer insurance benefits to their personnel. As a result, employees are guaranteed financial security even in the event of unfortunate accidents, which might aid them in dealing with the situation and that of their families.