The Ministry of Labour in India created the Workmen Compensation Act, 1923 to offer social security to workers, particularly those employed in menial jobs. As per the Workmen Compensation Act, 1923, ‘workmen’ as defined under the act and their eligible dependents are entitled to receive compensation from their employer in the case of workplace accidents resulting in death, disability or injury or suffering an occupational illness.
How is the compensation paid to the workers in case of workplace accidents/injuries?
As per Schedule II of the Workmen Compensation Act, 1923, people employed with railways, ships or any transport establishments, mines, factories, plantations, farming firms, construction firms, developers and many such similar businesses are eligible to claim workmen compensation.
Mainly, workmen’s compensation is paid without assigning fault, and the extent of compensation payable is clearly defined under the provisions of the Workmen Compensation Act, 1923.
When it comes to claiming workmen compensation in case of workplace injuries, workers or employees can directly approach an employer or can take a legal route. However, both employers and employees consider the legal route to be extremely expensive. With the statutory compulsion, the employer is legally liable to compensate the affected employees on a ‘no-fault’ basis.
In essence, the employer pays workmen’s compensation benefits in one way or another. That means, there has to be a source of funds for an employer to compensate in the event of contingencies. Along with the work safety measures, the employer also needs to be self-sufficient or have a support system to protect the business from possible workmen compensation liability.
Workmen’s compensation programs are funded in the following ways –
1. Workmen compensation insurance:
As per the Workmen Compensation Act, of 1923, employers are required to purchase workmen compensation insurance policies from the insurance companies present in India. In case of an occurrence of a claim event, the insurance company will compensate the injured workers for the loss of wages and for healthcare costs on behalf of the employer. Insurance companies will pay death benefits to eligible dependents of the deceased worker. The design of the workmen’s compensation policy adheres to the provisions of the Workmen Compensation Act, 1923. The Act also defines the ‘eligible dependents’ of workers for paying out compensation.
2. Self-funding by an employer:
Alternatively, the employer can set aside funds from the business for expected workmen compensation liability. However, direct payment of compensation can place huge pressure on the business. Paying expensive compensation and going through legal hassles can bring down business productivity. The business can even come to a standstill with the exorbitant statutory liability.
Out of the two ways of funding workmen compensation programs, availing of workmen compensation policy is more effective and beneficial for the employer and employees.
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About The Author
Rahul Kumar
MBA Finance
With a wealth of experience in the insurance industry, Rahul is a seasoned writer specializing in articles related to workmen compensation policies (WC policies) for SecureNow. With 12 years of experience in the field, he has acquired in-depth knowledge and expertise in workmen compensation insurance, understanding its complexities and nuances. Their insightful articles provide valuable insights into the importance of WC policies for businesses and employees alike, offering practical advice and guidance on navigating the intricacies of insurance coverage. Trust him to deliver informative and engaging content, backed by years of experience and a passion for educating readers about insurance-related topics.
