Workers’ compensation is a program mandated by the government to compensate workers for the losses they suffer due to work-related accidents. The government has made it compulsory for employers to pay compensation benefits to their employees. If they suffer injury, disability, death, or illness while performing their duties at the workplace. For example, you are working in a construction company. If you fall and injure yourself at the workplace, you can hold the employer responsible.
The Workers Compensation Act, of 1923 is one of the major acts governing the labor laws in India that assures the right compensation for workers injured at the workplace. The compensation to be paid to the workers is clearly stated under the provisions of the Workmen Compensation Act, of 1923. It is hence mandatory for employers to avail of the worker comp policy to protect their employees and also to secure themselves against statutory liabilities.
Workers Compensation Insurance
Workers compensation insurance is a no-fault insurance that works like a win-win proposition for both employers and workers. Worker comp policy provides coverage generally includes:
- Medical expenses incurred for treating workplace-related injuries
- Death compensation to the dependents when a worker dies due to workplace accidents
- Permanent and temporary disabilities arising from on-the-job injuries
- Compensation for income loss
However, the compensation amount and the time duration may depend on the severity of injuries and disabilities. Generally, worker compensation claims are settled as soon as the workers’ compensation benefits are paid by the employer. Irrespective of what and who caused the injury, the worker comp policy pays the compensation to the workers. Hence, workers generally cannot sue the employer after accepting the workers’ compensation benefits for the losses arising from workplace-related accidents or illnesses. However, workers can sue employers even after accepting workers’ compensation in certain situations.
Can a worker sue his employer after accepting the workers’ compensation benefits?
The worker might be able to seek legal action against the employer for on-the-job injuries even after accepting workers’ compensation in the following scenarios:
Deliberate act
If the worker believes that the workplace accident that caused an injury was an intentional or deliberate act by his employer to cause harm. Then the worker can file a lawsuit against the employer if he has the grounds to do so.
For example, if the employer has not provided enough safety tools or equipment to workers for a specific work to save cost. In this case, if a worker suffers an on-the-job injury due to a lack of equipment, the worker has grounds to file a lawsuit against the employer despite receiving workers’ compensation.
Faulty products
If the products or devices for work are faulty resulting in injury. The worker can file a lawsuit against the manufacturer of that faulty device or product despite receiving the workers’ compensation benefits from the employer.
Injuries caused by third party
If the worker suffers an injury due to a third party (other than the employer). The worker can sue them for third-party liability despite receiving the worker compensation benefits from the employer.
For example, if a construction worker is injured by a third-party contractor deployed at his workplace. Then the worker can sue the employer of that contractor for an injury suffered.
Workers can seek help from a workers’ compensation attorney before making claims and seeking legal action against the employer or third party. An experienced workers’ compensation attorney can provide assistance to the worker with the crucial paperwork related to the legal process. With the right guidance, injured workers can get a satisfactory resolution.
Conclusion
To sum up, the worker comp policy compensates the workers injured at the workplace for their medical treatment, rehabilitation, and income replacement for a specified duration. However, filing lawsuits in certain cases where the worker holds strong grounds can compensate them for non-financial damages such as emotional distress. Seeking the help of a workers’ compensation attorney can take a worker on the right path.
