Section 32: Notice, Accident Reporting and Claims Process

Overview

This section deals with the Employees’ Compensation scheme under the Code on Social Security, 2020. This scheme provides financial assistance to employees and their dependents in cases of occupational injury or disease, including death. Section 32 specifically outlines the process for reporting accidents, notifying relevant authorities, and filing claims for compensation.

Who is Covered?

• The Employees’ Compensation scheme generally covers all employees, including those employed through contractors, working in factories, mines, construction sites, and certain other establishments as defined under the Code.
• Eligibility primarily depends on the nature of employment and whether the injury or disease arises out of and during the course of employment. There are no specific length of service or wage limits explicitly stated for claiming compensation, but the nature of the employment relationship is crucial.

Benefits and Contributions

• The primary benefit is financial compensation for medical expenses, loss of wages (temporary or permanent disability), and/or death resulting from an occupational injury or disease. The amount of compensation is determined based on the employee’s wage rate and the extent of the disability.
• The employer is solely responsible for funding the Employees’ Compensation scheme. There are no contributions required from the employee or the government directly. The employer may obtain insurance coverage to cover their liability under the scheme.

Procedure and Compliance

Here’s a step-by-step guide to handling accident reporting and claims:

1. Accident Reporting: The employee (or someone on their behalf) must immediately notify the employer of any accident resulting in injury.
2. Employer’s Responsibilities: The employer must report the accident to the Employees’ Compensation Commissioner within the prescribed timeframe (details are specified in the rules framed under the Code).
3. Accident Register: Employers are required to maintain an accident register, recording details of all accidents occurring within the establishment.
4. Claim Submission: The employee (or their dependents, in case of death) must submit a claim for compensation to the Employees’ Compensation Commissioner, along with supporting documents like medical certificates, wage slips, and the accident report.
5. Dispute Resolution: If there is a dispute regarding the claim, the Employees’ Compensation Commissioner will conduct an inquiry and make a decision. Appeals can be made to higher authorities as per the Code.

Practical Examples

• Example 1: A factory worker suffers a hand injury while operating machinery. They immediately inform their supervisor (employer). The employer files a report with the Employees’ Compensation Commissioner, and the worker submits a claim for medical expenses and loss of wages during recovery.
• Example 2: A construction worker is injured on site, but the employer fails to report the accident to the Employees’ Compensation Commissioner. The worker can still file a claim directly, and the employer may face penalties for non-compliance with the Code.

Disclaimer

This article is for basic understanding of the Code on Social Security, 2020, and specifically Section 32 relating to Employees’ Compensation. It should not be treated as legal advice. For specific legal guidance, please consult with a qualified legal professional.