Workmen Compensation

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What are the Duties of the Employer Under Worker Compensation Insurance at the time of loss?

If a worker gets injured at a workplace, an employer is required to fulfill the below obligations:

  1. Provide first aid and medical care – It is the prime responsibility of an employer to provide immediate first aid and medical treatment, wherever required.
  2. Report the injury- After the injury, an employer should enter a description of the injuries in their register. A company having a workmen compensation insurance policy should inform the insurer within 48 hours of the accident. You or your worker can inform the insurer electronically, in writing, or by telephone. Any delay in reporting the accident could hamper your claim settlement process.  After the matter is reported, the insurance company will give you a reference number. This number should be noted down for future reference. It will also help you in tracking the notification in the future.

Information needed for WC policy claim

When reporting the matter to the insurer, you may be asked to submit the following information:

  • Worker’s name, address, telephone number, and date of birth
  • Name and address of your company
  • Name and address of the hospital where the treatment is taking place
  • Date and complete description of the injuries
  • Name and contact details of the person who has notified the insurer. Also, mention the notifier’s relationship with the employer.

Additional documents for WC policy

In some cases, the workmen compensation insurer may also ask to submit the following additional documents

  • Information regarding any time off work
  • Date of consultation with the doctor
  • The injured worker’s capacity to recover and tentative date of reporting to work
  • Your recovery action plan for the injured worker
  • Injured worker pre-accident salary

Duties of an employer in case of a workplace accident

  1. Support the injured worker– Understanding your worker’s situation and then providing full help throughout the recovery. This will have a positive impact on your employee’s response to injury. Moreover,   it would expedite recovery. It would be good if you stay in regular touch with the doctor treating the injured employee. Doing so will show your commitment towards the speedy recovery of your worker. Furthermore, it gives you an opportunity to find the new office duties for the injured worker, as per the situation.
  2. Discourage blame– Explore ways to prevent future injuries and take adequate safety measures. Also,  work on assisting the injured worker to recover and will help in building cohesive relationships. Stay in touch with the injured worker by regularly calling them or visiting. It will help you find out the estimated recovery time. It is a great way to show that the company cares for its employees.
  3. Address and resolve any issue– The accident could be due to various issues within the workplace like a conflict with a co-worker, lack of security measures, etc. These can be barriers to recovering at work, and therefore, it is your duty to resolve such issues before the employee rejoins the office.
  4. Identify new duties– If the employee is unable to perform his/her previous job roles due to injury, the employer should devise a new role. For this, the company would need to familiarize itself with the worker’s injury. Also, it should discuss available work options and duties with the worker. If this requires modification in the current workplace, the employer should go ahead.

Case Study

MTW Engineering has its offices spread throughout the country. Backed by a workforce of 500 employees, the company diligently follows all safety regulations. It offers a safe and conducive working atmosphere for its workers. In addition to imparting training on safety measures, the company has also purchased a workmen’s compensation insurance policy. Last year, one of its employees, Mr. Raj Shukla met with an accident. His right hand got caught in the machine. Luckily, at the time of the accident, around 80 people were working on the site. The staff immediately rushed Raj to a nearby hospital where the doctors had to amputate his right arm.

Mr. Jay Prakash, the owner of MTW Engineering, asked the HR department to inform the insurer.  The insurance company asked for details like Raj’s salary structure before the accident, a brief account of the hospital, a doctor’s report, etc. After carefully scrutinizing all the documents, the insurer compensated the worker.

As Raj’s injuries were grave, he stayed in the hospital for nearly 20 days. During this time, the HR manager of the company and the owner both came to see Raj at the hospital. Also, Mr. Jay Prakash asked the HR manager to define a new job role for Raj as per his current health state. After nearly two months, Raj re-joined the company and was given a new job role of an assistant supervisor. As Raj had to visit the hospital for regular checkups, the employer arranged for free transportation and offered paid leaves to him.

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