Under the Workmen’s Compensation Act, 1923 (now known as the Employees’ Compensation Act, 1923), it is important for both employers and employees to adhere to specific procedures for providing notice of workplace accidents and filing compensation claims. These procedures help ensure that injured employees or their dependents receive compensation in a timely and efficient manner.
Notice of the Accident
- Employee’s Responsibility: When an employee sustains an injury or accident at the workplace, it is their responsibility to promptly notify their employer or immediate supervisor about the incident. The notice should be given as soon as possible after the accident occurs.
- Employer’s Responsibility: Upon receiving notice of the accident, the employer is required to take immediate action to ensure the injured employee receives appropriate medical attention and care. This includes arranging for first aid, medical treatment, or hospitalization as needed.
- Record Keeping: The employer should maintain a record of the accident, including details of the incident, the injured employee’s statement, and any steps taken to provide medical assistance.
Medical Certificate
- Medical Examination: After receiving medical treatment for the injuries sustained in the workplace accident, the injured employee should obtain a medical certificate from a qualified medical practitioner. This certificate should describe the nature and extent of the injuries.
- Submission of Medical Certificate: The injured employee should provide the medical certificate to their employer. The certificate serves as evidence of the injuries sustained and is a critical document for initiating the compensation claim process.
Filing a Compensation Claim
- Employee’s Responsibility: The injured employee or their dependents (in case of a fatality) must file a compensation claim with the appropriate authority designated under the Act. This claim should include details of the accident, the medical certificate, and other relevant documents.
- Employer’s Role: Once the compensation claim is filed, the employer should cooperate in the process, provide any necessary documentation or information, and ensure that the claim is submitted to the relevant authority in a timely manner.
Role of the Commissioner
- Commissioner’s Jurisdiction: The compensation claim is typically adjudicated by a commissioner appointed under the Employees’ Compensation Act, 1923. The commissioner is a quasi-judicial authority responsible for resolving disputes related to compensation claims.
- Hearing and Assessment: The commissioner will conduct a hearing to review the evidence, including the medical certificate and any other documents, and assess the circumstances of the accident. They will determine the eligibility for compensation and the appropriate compensation amount.
Calculation of Compensation
- The extent and nature of the injuries, as established through the medical certificate and evidence presented during the hearing, play a crucial role in calculating the compensation amount. The Act provides a schedule of compensation based on the specific injury or disability.
Timely Process
- It is important for all parties involved to adhere to the timelines and procedures prescribed under the Act to ensure that compensation claims are processed efficiently. Delays in reporting accidents or filing claims can impact the eligibility for compensation.
