Is there any provision under Workmen Compensation Act in India for compesation to worker who met accident during the course of employment?
121564
Workmen's Compensation Act, 1923This enactment ordains liability on certain classes of employer to remunerate the loss incurred to the workman during the course of his employment. The act extends the liability of employer to compensate to the dependents in case of workers death. The purpose of the act is to make employer more responsible and accountable towards the safety and security of his employees. The act also specifies certain conditions where employer is not responsible for any loss caused to the workman during course of employment. The enactment distinguishes between permanent total disablement and permanent partial disablement. The amount of compensation provided by the enactment depends on the cause and nature of injury suffered by the workman. Apart from injuries and disabilities the act also displays list of occupational diseases which can adversely affect the health of workman. It is equally applicable to workman who are recruiter but are working abroad contravention of its provision attracts penalties. The Act was enacted in 1923 and came into force w.e.f. 1-7-1924. It extends to whole of India and divided into 4 chapters and 36 sections, 3 schedules. Chapter III explains employer’s liability for compensation, amount of workman’s compensation and other related matters. Chapter III deals with powers and procedures of commissioners. Rules are contained in Chapter IV.\n\nPlease make sure that you go through the bare act to understand your case, in case you have a purticular case please do let me know.
69113
In most states an employer is not required to allow you to come back to work for a non-work related injury without a full release.  In my opinion your employer is being fool hardy allowing you to come back and not accommodating your restrictions.  You can push the issue but you may well end up sitting at home with no pay check until you fully recover. And your employer is well within his rights to do this.
35092
You should file a workers compensation claim with your employer.
530806
You might still have a legitimate claim.  Workman's Compensation not only includes sudden injuries derived from work, but also the exacerbation of an existing illness or injury.  Therefore, if there is something inherent in your working environment that worsens this old injury you would be able to claim.  Be prepared for a fight.  Almost all claims are initially denied because the company knows that this will automatically dissuade a certain percentage of claimants from appealing the process.  Appeal!!  If you are part of a union, have the union lawyer represent you.  Don't give up without a fight and good luck.
210140
Hmm, good question.  Local newspaper will have it though...in a day or two.  You can try and check out the local police station website, don't know if maybe they list stuff like that.  I don't think there's too many ways to find out, people in accident probably don't want everyone gossiping about them.
404972
It was an accident.  File it under insurance.
180733
No. An employer can counsel and discipline an employee for not following safety rules and procedures that the employee has received instruction in. For example, if the employee was trained or informed to use a crosswalk and not walk on the road because it is dangerous and the employee did it anyway, she can be disciplined.\n\nOn the other hand, if your friend tripped on a pothole in the road then it is the employer's responsibility to correct the hazard if it has been reported to him.\n\nAdditionally, an employee can not be discriminated against or discharged for reporting safety violations or concerns. OSHA (Occupational Safety and Health Administration) enforces these rules.\n\nFinally your employer must report all accidents that result in medical treatment or lost time to OSHA. Most companies require employees to report all accidents in-case the injury gets worse and later requires medical treatment.\n\nYou can report these violation directly and anonymously to OSHA.
451610
Sounds awful, mate. You do have a chance with this but, as ever, the devil's in the detail.\n\nWitnesses to poor working practices would help but aren't essential. Your employer was required by law to publish and comply with a Health and Safety Policy Statement, setting out company policy to ensure safe systems of work. If they were as slipshod with the paperwork as they obviously were on the job then that improves your chances dramatically. Essentially they would then have difficulty in demonstrating - as they will probably try to pretend - that they were a conscientious employer who took all reasonable steps to discharge their duty of care towards you. A court would instead infer a cavalier or inadequate regard to health and safety. \n\nAlso what, if any, health and safety element was included in your induction training for the job ? If little or none that could again easily lead to the inference that they have failed in duty of care.\n\nEven if the employer can tick both of these boxes, you aren't lost. Your medical evidence should not only support the injuries you've suffered but establish a timeline for the development of your condition. Taken together with the statement you've prepared the inference will clearly be that your condition is attributable to the workplace. Causation is obviously very important here and they may try to suggest that your condition is due to other factors. Alternative causation is an old favourite and can range from the obvious - any birth defects, ever in a road accident - to the bizarre. Once had a case like this where wheelchair using client was asked ' I understand you're a keen parachutist ' - the brief was reading the wrong file ! Your evidence together with the medical timeline consistent with workplace causation should be enough to defeat anything like this.\n\nSo, yes, this can be done without direct witnesses from the job. As the others have said these things tend to be a real grind and are rarely resolved quickly. Still, don't be completely disheartened, they might realise they're on a loser and offer a settlement, rather than take the hit on legal costs. Unfortunately it is more common for employers to play these things long in the hope that you do become disheartened and withdraw. \n\nFor what it's worth you do seem to have a reasonable case and it would be a shame to give up on it, especially since you've already shown a lot of perseverance to get this far. Bad employers like this should be brought to book and you deserve some acknowledgement of what you've been put through with this. All the very best with the case.
544711
if you got injured during work-time at your workplace, or any place doing your job for your employer, (in Ontario, Canada), you should inform your employer.  If its very minor like a paper-cut or scratch or something, you can use the first-aid kit for disinfectant and bandage, but if its anything that you see a medical professional (Dr, etc) about, then your employer is required by law, to report Worker's Compensation.  You will be paid for time off for emergency or for a Doctor, if its required, and your employer will be required to modify your job or your facilities(like providing special chair or whatever) while you heal,  If you 're  unable to do your job, your employer is required to provide alternative work, IF they can.  IF they cannot, then Worker's Comp. Insurance will pay until you get some job you can do somewhere else.  There is a time limit for your employer to report it, I think 2 or 3 days, depending on your Province or State.  If s/he doesn't report it, there can be hefty fines.  (employers trying to hide such things are considered virtual criminals).  In this case, your employer may still be safe, because you didn't tell him, s/he didn't know,  so workers comp will just frown.  \n\nThere could be negative consequences to the employer if they know about a "serious" injury and do not report it.\nThere are no negative consequences to reporting an injury.  Employers may not punish you for it.\n\nRule of thumb for the future, any injury or illness from your workplace "serious" enough ----  that is,  IF you go see a doctor or medical pro about it, then you have to tell your boss and they need to report it to Workers Compensation.
584924
The statute only specifically mentions insurance companies and lawsuits for injuries generally have a 6 year limitation. It is unclear from the statutes if it s possible to sue someone whose insurance did not cover an accident, especially if the person did not properly request payment from the insurer. I would speak to a lawyer about it.
201119
What state you are in matters.  Some states have limits on damages, some may have guidelines.  Some may have options others dont.\n\nGenerally, however, provided you prove negligence:  You can be compensated for all your medical expenses, any actual losses, including time lost from work and any other expenses reasonably related to your condition (i.e. a nurse, housekeeper, transportation, etc).  \n\nYou can also receive damages for your future lost wages and expenses.  These will be adjusted down if paid in a lump sum to account for interest you will be earning, then adjusted back up for inflation.  These are harder to estimate and prove.  You should have an attorney figure this out.\n\nYou may also be entitled to pain and suffering and quality of life damages.  This is really hard to prove, and can be a completely random amount, although the court will likely adjust it to a reasonable amount, if necessary.\n\nYour recovery will be adjusted (depending on your state) by any amount that your negligence is found to have contributed to the accident.  Generally, the percentage of responsibility on you is the percent less of the damages you will receive.\n\nAlso, while any assistance your insurance (if any) may have given, your insurance company will want to be reimbursed for what they paid.\n\nIf you prove recklessness, or that they hit you while breaking the law, you may be entitled to punitive damages, which can be as high as 9x your actual damages.\n\nDid I mention you should hire an attorney?
515313
Forget the casualty loss (which I think you qualify for anyway).  how about a lawsuit v the PD that sold your bike?\n\nThe laws are written so that most people can't claim casualty losses - they are for real catastrophes.
68638
You should ask your workman's compensation provider if they have a program called a "train the trainer" where only one of your responsible employee can go to this program and will be able to certify the rest of your employees.  If they don't have this program, the workman's comp can refer you to an independent trainer...
421030
The plaintiff must prove four things. \n\n1. There was a duty (e.g. - don't hit me with your car).\n\n2. There was a breach of the duty (e.g. - you ran over me).\n\n3. Damages (e.g. - my leg was broken).\n\n4. Causation (e.g. - the wreck is what caused my injury).\n\nState legislatures have gone all over the map on the employer/employee relationship.  Basically, the employer has a duty to provide a safe work environment.  If you are a beekeeper, your employer must make sure you have a bee suit so you don't get stung to death.
468710
The answer is "Depends".\n\nIf you are released from your job, you should be eligible for unemployment benefits. However, when there is an accident involved, it is whether you would go on disability (either short term or long term, I dont know the nature of your injuries). Are you able to return to work in any capacity? If not, then it would most likely be a disability or workman's compensation claim. I dont know what state you are in, but it would depend on the laws involved.
503340
Given your background info, it is advisable for you to contact a lawyer who specializes in workers comp. You may have a case for getting some relief.\n\ncc
674803
Before going to a lawyer make sure the temp agency was informed of the accident.  If you husband didn't do it don't assume the company he was contracted to did; they have no (legal) obligation to report the accident to the agency.  So the agency may have grounds to deny it, until the proper documentation is forwarded by their client (the company your husband was working at) to them.\n\nThe temp agency will be responsible (in most states) regardless of whether they were notified or not.  However, you cannot just ignore the bill because they medical center performed the service and can cause problems with your credit.  If talking to the temp agency doesn't work balance the cost of a lawyer with the cost of just paying the bill.\n\nWorker comp questions are difficult to answer because many states have different laws that can be quite specific and obscure.