Under the Workmen’s Compensation Act, 1923 (now known as the Employees’ Compensation Act, 1923), the provision for a medical examination is essential in cases of work-related injuries and accidents. Medical examinations play a crucial role in determining the extent of injuries, disabilities, or fatalities sustained by employees during the course of their employment.
Overview of the Medical Examination Process under the Act
Purpose of Medical Examination
- The primary purpose of the medical examination is to assess the nature and severity of the injury or disability suffered by the employee due to a work-related accident or incident. It helps establish the medical facts relevant to the compensation claim.
Medical Examination by a Qualified Medical Practitioner
- When an employee sustains an injury or disability at the workplace, they should seek medical attention from a qualified medical practitioner. This practitioner is responsible for diagnosing and documenting the employee’s condition.
Medical Certificate
- The medical practitioner issues a medical certificate detailing the employee’s injuries or disabilities. This certificate is an essential document for filing a compensation claim under the Act.
Submission of Medical Certificate
- The injured employee or their dependents, in case of a fatality, must submit the medical certificate to their employer. This certificate serves as proof of the injury or disability and is a key component of the compensation claim.
Verification by the Employer
- The employer is responsible for verifying the authenticity of the medical certificate and the injury or disability described in it. They may also choose to obtain a second opinion from another medical practitioner.
Filing a Compensation Claim
- Once the medical certificate is verified, the injured employee or their dependents can file a compensation claim with the appropriate authority, such as the commissioner appointed under the Act.
Role of the Commissioner
- The commissioner, who is a quasi-judicial authority, may rely on the medical certificate and may also order additional medical examinations or assessments if necessary to determine the appropriate compensation amount.
Independent Medical Examination
- In some cases, the commissioner may order an independent medical examination by a medical expert to assess the employee’s condition and provide an impartial opinion on the injuries, disabilities, or fatalities.
Medical Evidence at Hearings
- During hearings related to compensation claims, medical evidence, including the medical certificate and any additional medical reports, is presented and considered to determine the compensation amount.
Calculation of Compensation
- The extent and nature of the injuries or disabilities, as established through the medical examination and evidence, play a crucial role in calculating the compensation amount. The Act provides a schedule of compensation based on the specific injury or disability.
Medical Reexamination
- In cases where the injured employee’s condition changes or worsens over time, the Act allows for periodic reexamination by a qualified medical practitioner to update the assessment of the disability or injury.
