Section 33: Powers of Commissioner and Dispute Resolution

Overview

This section deals with the Employees’ Compensation scheme under the Code on Social Security, 2020. This scheme provides financial and medical benefits to employees who suffer employment injury or occupational disease arising out of and during the course of employment. Section 33 specifically outlines the powers vested in the Employees’ Compensation Commissioner to effectively administer the scheme and resolve disputes arising between employers and employees.

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 notified by the appropriate Government.
• Eligibility generally extends to all employees earning wages below a certain threshold, though the specific wage ceiling is determined by the Central or State Government and may be revised periodically. There is no minimum length of service requirement to be eligible for compensation in case of an accident.

Benefits and Contributions

• Benefit to Employee: The primary benefit is compensation for employment injury or occupational disease. This includes medical expenses, temporary or permanent disablement compensation, and survivor benefits in case of fatal accidents.
• Contribution Responsibilities: The Code on Social Security, 2020, does *not* mandate a contribution-based system for Employees’ Compensation like it does for Provident Fund or ESI. The employer is solely responsible for bearing the cost of compensation in case of an accident or occupational disease.

Procedure and Compliance

The procedure for claiming compensation involves the following steps:

1. Reporting the Accident: The employee (or someone on their behalf) must report the accident or occupational disease to the employer.
2. Employer’s Duty: The employer is required to report the accident to the Employees’ Compensation Commissioner and file the necessary forms.
3. Commissioner’s Investigation: The Commissioner investigates the claim, gathers evidence, and may summon witnesses.
4. Award of Compensation: Based on the investigation, the Commissioner awards compensation to the employee (or their dependents).
5. Enforcement: The Commissioner has the power to enforce the order for compensation against the employer.
6. Appeal: The Code provides for appeals against the Commissioner’s orders to higher authorities, as prescribed by the law.

Practical Examples

• Example 1: A factory worker, Ramesh, suffers a leg injury while operating machinery due to a safety lapse. He reports the injury to his employer, who then files a claim with the Employees’ Compensation Commissioner. The Commissioner investigates and awards Ramesh compensation for his medical expenses and temporary disablement.
• Example 2: A construction worker, Priya, develops a respiratory illness due to prolonged exposure to dust on the job site. Her employer fails to report the illness to the Commissioner or provide her with necessary medical assistance. The Commissioner, upon receiving a complaint from Priya, can issue a notice to the employer, impose penalties for non-compliance, and order the employer to pay compensation.

Disclaimer

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