Employees Compensation (Amendment) Act, 2017: Comprehensive Overview of the Workmen Compensation Act 1923 in Hindi
The Workmen Compensation Act 1923, also referred to as the Employees Compensation Act, is a crucial labor law in India designed to provide financial relief to workers injured or disabled in the workplace. With the Employees Compensation (Amendment) Act, 2017, the law has been updated to address modern workplace challenges, ensuring better protection and awareness for workers.
This article delves into the Workmen Compensation Act 1923 in Hindi, focusing on its provisions, amendments, practical examples, and legal judgments, along with actionable steps for workers and employers.
Key Provisions of the Workmen Compensation Act, 1923
The Workmen Compensation Act 1923, lays out the rights of employees and the obligations of employers in cases of workplace injuries or deaths. Below are its key provisions:
1. Applicability of the Act
- Covers all industries with hasardous working conditions, including factories, mines, and construction sites.
- Applicable to employees exposed to workplace risks.
2. Employer’s Liability
Section 3 states:
- Employers must compensate workers for injuries, occupational diseases, or deaths arising out of employment.
- Exemptions include injuries caused by intoxication or deliberate disregard of safety measures.
3. Types of Compensation
Compensation under the Act depends on the severity of the injury:
- Death: Support for the dependents.
- Permanent total disability: Lump sum based on wages.
- Medical expenses: Reimbursement for injury-related treatment.
4. Role of the Commissioner for Workmen’s Compensation
The Commissioner ensures fair settlement of claims, resolving disputes between workers and employers.
Key Amendments in the Employees Compensation (Amendment) Act, 2017
The 2017 amendment introduced significant changes, making the law more inclusive and worker-friendly:
- Mandatory Written Notification
Under Section 17A, employers must inform employees, in writing and in a language they understand, about their rights under the Act. This provision ensures workers know their entitlements.
- Increased Penalties for Non-Compliance
- Employers failing to comply face fines of ₹50,000 to ₹1,00,000, a sharp increase from ₹5,000 earlier.
- Expanded Scope of Compensation
- Broader coverage for occupational diseases and workplace accidents, ensuring inclusivity for diverse industries.
Latest Judgments and Practical Examples
- Landmark Judgments
- Pratap Narayan Singh Deo v. Shrinivas Sabata (1976)
This judgment emphasised that employers bear absolute liability for compensating injuries arising out of employment unless exempted.
- Real-Life Example
A factory worker in Uttar Pradesh, injured due to unsafe machinery, received compensation within six months after filing a claim. This was facilitated by the worker’s awareness of their rights under the amended Act.
Insights and Recommendations
- Why Workplace Injuries Persist
- Inadequate safety protocols in hasardous industries.
- Lack of awareness about legal rights among workers.
- Insufficient employer accountability.
- Recommendations
- Employers should conduct regular safety training and provide resources in Hindi and other regional languages.
- Workers must document injuries, preserve medical records, and seek legal help promptly.
- Legal awareness campaigns by the government and NGOs can empower workers.
- Practical Steps for Workers
- Report Injuries Immediately: Notify the employer and document the incident.
- File a Claim Promptly: Approach the Commissioner for Workmen’s Compensation with relevant documents.
- Seek Legal Assistance: If disputes arise, consult experienced lawyers.
The Future of Worker Safety
The Workmen Compensation Act 1923, strengthened by the Employees Compensation (Amendment) Act, 2017, remains a cornerstone of worker protection in India. Continuous enforcement, coupled with increased awareness, will ensure safer workplaces and fair treatment for all employees.
For those facing workplace injury disputes, professional legal support is essential to navigate the complexities of the law.
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