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 injuries in their register. If a company has a workmen compensation insurance policy, it is necessary to inform the insurer within 48 hours of being notified of the injury. 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. Once reported the matter, the insurance company will give you a reference number which you should note down for the future reference. It will also help you in tracking the notification in the future.

Read moreWhat are the statutory requirement for Worker Compensation Insurance?

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 along with their relationship with the employer
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If required, the insurer may also ask to submit the additional documents as given below=

  • Information regarding any time off work
  • Date of consultation with the doctor
  • An 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
  1. Support the injured worker= Understanding your worker’s situation and then providing full help throughout the recovery will have a positive impact on your employee’s response to injury and it would also facilitate expedite recovery. It would be good if you stay in regular touch with the doctor who is treating the injured employee as it will show your commitment towards the speedy recovery of your worker and also gives you an opportunity to find the new office duties for the injured worker, as per the situation.
  2. Discourage blame= By exploring ways to prevent future injuries and working on assisting the injured worker to recover will help in building the cohesive relationships. Also, stay in touch with the injured worker by regularly phoning 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 due to injury, the employee is unable to perform his/her previous job roles, it is the responsibility of the employer to devise a new job role. For this, the company would need to familiarize itself with the worker’s injury and discuss available work options and duties with the worker. If this requires modification in the current workplace, the employer should go ahead.

Case

MTW Engineering has its offices span throughout the country. Backed by a workforce of 500 employees, the company diligently follows all safety regulations and offer 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 when his right-hand gloves caught up in the machine. Luckily, at the time of the accident, around 80 people were working on the site which 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 who later asked for details like Raj’s salary structure before the accident, a brief account of the hospital, doctor’s report, etc. After carefully scrutinising all the documents, the insurer settled the claim.

Read more: What are the legal Responsibilities of the Company under Workers’ Compensation insurance?

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 a free transportation and offered paid leaves to him.

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