Had a loss? Call the deskCall the desk92514 56334WhatsAppSign in to your claimSign inClaims across India

Employees' Compensation

The employer's statutory liability to compensate a worker injured, disabled or killed in the course of employment.

Also calledWorkmen's Compensation · Employees' Compensation Act policy · WC

First thing, todayTreat the person, keep every medical paper from hour one, and do not settle privately.

Three deadlines
  • Tell the insurer now, not after the assessment.
  • The statutory notice to whoever the law requires, within the time it sets.
  • Every document within the time the insurer asks for it.
A site where a ladder has fallen, a hard hat left on the ground
A site where a ladder has fallen, a hard hat left on the ground. An illustration.

When you would claim

  • An employee injured at work, on site or in the factory
  • A fatal accident at the workplace
  • An occupational disease within the schedule
  • A claim before the Commissioner for Employees' Compensation

What insurers most often rely on

  • The worker not an employee within the policy, commonly a contractor's or sub-contractor's labour where the extension was not taken
  • A private settlement made with the worker or the family
  • Injury not arising out of and in the course of employment
  • Wages under-declared, so the sum at risk was understated
  • Statutory reporting obligations not complied with

Most of them turn on a record kept long before anybody was hurt, which is why the wage and attendance registers decide these claims.

The documents

from three places at once

11 items, arriving from a hospital, an employer and sometimes a police station, on three timetables that do not co-operate. Start all three on the same day.

  • Claim form and the accident report
  • First medical record, admission notes and the treatment file
  • Disability certificate from the treating doctor, where issued
  • Wage register, muster roll and attendance record
  • Age proof of the worker
  • Appointment letter, or the contractor's agreement where indirect
  • The statutory reports made to the labour authorities
  • Any notice or order from the Commissioner
  • Cancelled cheque and bank details in the insured's name, for the NEFT payment
  • Details of any other insurance covering the same risk
  • The compensation worked out under the Act: monthly wages, age factor and the percentage of disablement
Two clocks, not oneThere is the policy's clock and there is the statute's, and they run at different speeds. Keep one page with both on it: what was reported to the insurer, and what was filed where the law required.

Next

Employee Injury Claim: What to Do First

An employee injury is a claim, a statutory obligation and a human situation at once, and the first hours decide how well all three go.

Most often lost by: Settling directly with the worker or the family before the insurer is involved.

It is a formula, not an assessment

Employees' compensation is worked out under the Act: monthly wages capped at the statutory figure, an age factor from the schedule, and the percentage of disablement. Where a claim goes wrong is almost always the wage record; the arithmetic is rarely what anybody argues about.

Filed under: People and employee benefits · Injury and accident

Claims that sit next to this one

the same people, on another policy

Group Personal Accident

cover for the same people, bought by choice

Public Liability

harm to anybody not on your payroll

Contractors' and Erection All Risks

the site the injury happened on

Somebody hurt at work and the paperwork already behind? Report a loss or call 92514 56334.