Workplace injuries can happen unexpectedly, leaving employees physically hurt and mentally overwhelmed. That’s why understanding injured workers’ rights is essential. These rights ensure access to medical treatment, wage compensation, rehabilitation and other crucial support. This article takes a closer look at the key benefits available under workman's compensation rights for employees.
Common causes of workplace injuries
Workplace injuries can be serious and, in industrial settings, sometimes even fatal. Accidents happen due to a range of factors, from unsafe practices to environmental hazards. Below are the primary causes of workplace injuries:
- Lifting: Sometimes employees can be harmed while lifting objects, leading to sprains, muscle tears, or strains. It's always good to ask for help when objects are too heavy or difficult to manage to avoid any potential injury.
- Toxic material: In an industrial setting, toxic materials are used regularly, and if handled poorly, accidents may occur. It is crucial to go through the instructions and wear appropriate protective attire to prevent any possible incident.
- Trips and falls: Slick floors and high-traffic corridors can become a reason for accidents. Wearing proper footwear and maintaining a safe distance can help safeguard against such situations.
- Fatigue: Another common cause of workplace injuries is a lack of proper rest. Workers should take adequate breaks to recover from gruelling manual work.
- Poor lighting: Inadequate lighting is a common yet often overlooked cause of workplace accidents. Poor visibility can make it difficult for employees to see obstacles, read warning signs or operate machinery safely, increasing the risk of slips and trips in warehouses and work areas.
Legal responsibilities of employers
Employers have a legal duty to ensure workplace safety, provide appropriate compensation and comply with all statutory requirements when an accident occurs. Their key responsibilities include:
1. Provide a safe work environment
Employers must ensure the workplace is safe by providing proper tools, equipment, and protective gear. They are also responsible for conducting regular safety training, identifying potential hazards, and promptly addressing unsafe conditions. Failure to maintain safety standards can lead to penalties.
2. Offer immediate medical care
Every injured employee is entitled to timely and adequate medical treatment. Employers must ensure that the worker receives prompt care and is taken to a hospital if needed. For establishments covered under the ESI scheme, injured employees must be directed to an ESIC hospital or an empanelled clinic for treatment.
3. Provide compensation Employees’ Compensation Act, 1923
Under this Act, employers are legally required to compensate employees for injuries arising out of and in the course of employment. The compensation may include payments for temporary disablement, permanent disability (partial or total) and, in severe cases, death benefits to dependents.
Steps to take immediately after a workplace injury
Workplace injuries can disrupt an employee’s life, but knowing the correct steps helps protect health, rights and benefits. Here’s what injured workers should do right away:
1. Report the injury promptly
Inform a supervisor or manager immediately after the incident. Submit a written report and keep copies of all documents for future claims. Timely reporting also prevents disputes about when or how the injury occurred.
2. Seek medical care
After reporting the injury, get medical attention without delay. Visit an authorised healthcare provider as required or under the workers’ compensation insurance. Keep all medical reports, prescriptions and bills to support your claim and monitor treatment progress.
3. Understand workers’ compensation insurance
Workers Compensation Policy helps cover medical expenses and lost wages due to workplace injuries. Since compensation can vary, employees should familiarise themselves with the relevant laws to understand their rights and available benefits.
Workers’ Compensation and its importance
Workers’ compensation is a monetary benefit provided to employees who suffer injuries or illnesses arising out of their work. Employers are legally required to offer workers’ compensation insurance as per government regulations.
Since workplace accidents can lead to physical, emotional and financial hardship, the Employees’ Compensation Act, 1923, ensures that affected workers or their families receive support. Under this Act, compensation is provided in the following situations:
- Injuries at the workplace that result in partial or total disability.
- Occupational diseases caused due to work-related exposure or hazards.
- Death due to an occupational accident or hazard, where benefits are paid to the employee’s dependents.
How health insurance supports injured employees
Health insurance can immensely support an injured employee. Here are some key benefits:
- Covers medical care: From first aid to hospitalisation and recovery, most treatment expenses are paid under health insurance. It helps workers to get the right treatment without delay.
- Ensures access to quality care: Employees can receive timely, professional care without delay. Many plans include larger provider networks, access to specialists, emergency care coverage, etc.
- Supports continuous treatment: Injuries often require ongoing care, which health insurance covers. This includes follow-up appointments, long-term therapy, among others.
Note: This is an indicative list. Please read the policy wordings carefully for a complete list of inclusions and exclusions.
Filing a workplace injury claim: Process and timelines
Filing a workplace injury employee rights claim involves these essential steps:
- Report the injury: Inform your employer immediately, within the required timeline.
- Notify insurer/authorities: Ensure the employer reports the incident to the insurer and relevant authorities.
- Collect documents: Gather all medical records, bills and accident details.
- Submit claim form: Fill out and submit the claim form with supporting documents.
- Assist the surveyor: Cooperate with the insurer’s assessment process.
- Receive decision: The insurer approves or denies the claim, with an option to request review.
Conclusion
Understanding workman’s compensation rights for employees is crucial for ensuring timely support after a workplace injury. Organisations are legally bound under the Workmen’s Compensation Act to provide financial and medical assistance to injured workers. These benefits help employees manage treatment costs and related expenses. To ensure adequate and smooth compensation, employers should choose appropriate insurance plans, whether workmen’s compensation or group insurance, that safeguard both their workforce and the organisation.
FAQ
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What rights does an injured employee have?
Injured employees have the right to receive medical treatment, wage compensation and other benefits under the workmen’s compensation law.
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Who receives compensation if an injured employee dies during treatment?
If an employee passes away due to a workplace injury, their dependents are entitled to receive the compensation payable under the relevant labour laws.
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How soon should a workplace injury be reported?
A workplace injury should be reported to the employer immediately, ideally within 30 days, so the claim can be processed without delay or dispute.
Disclaimer: The information provided in this blog is for educational and informational purposes only. It may contain outdated data and information regarding the topic featured in the article. It is advised to verify the currency and relevance of the data and information before taking any major steps. ICICI Lombard is not liable for any inaccuracies or consequences resulting from the use of this outdated information.