Section 31: Medical Treatment and Employer Responsibility
चिकित्सकीय उपचार और नियोक्ता की जिम्मेदारी
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Overview
This section deals with Employees’ Compensation, a crucial component of the Code on Social Security, 2020. It focuses on providing financial and medical assistance to employees who suffer injuries or occupational diseases during the course of their employment. Specifically, Section 31 outlines the employer’s responsibility to ensure immediate and adequate medical care for injured workers, regardless of fault.
Who is Covered?
- This section applies to all employees covered under the Employees’ Compensation scheme as defined by the Code. This generally includes workers in factories, mines, construction sites, and other hazardous occupations, but can extend to other establishments as notified by the appropriate government.
- There are generally no specific length of service or wage limits that disqualify an employee from receiving medical benefits under this section, provided the injury arises out of and during the course of employment. The specific criteria for coverage will be determined by state-level rules framed under the Code.
Benefits and Contributions
- The primary benefit is immediate and adequate medical treatment for work-related injuries or occupational diseases. This includes first-aid, emergency care, and access to authorized hospitals.
- While the Code doesn’t directly involve contributions *for* this specific medical treatment provision, the overall Employees’ Compensation scheme is funded through contributions from employers. The employer bears the financial responsibility for providing the medical treatment as mandated by Section 31.
Procedure and Compliance
Here’s a simplified breakdown of the process:
- Injury Occurs: An employee suffers an injury or contracts an occupational disease during work.
- Immediate First-Aid: The employer must provide immediate first-aid facilities at the workplace.
- Medical Treatment: The employer is responsible for arranging and covering the cost of necessary medical treatment at authorized hospitals or medical facilities.
- Reimbursement: Employees are entitled to reimbursement of reasonable medical expenses.
- No Deductions: Employers cannot deduct the cost of medical treatment from the employee’s wages.
- Reporting: Employers are required to report accidents and occupational diseases to the relevant authorities as per the Code’s provisions.
Practical Examples
- Example 1: A factory worker, Ramesh, suffers a hand injury while operating a machine. The employer immediately provides first-aid and transports Ramesh to an authorized hospital for further treatment, covering all medical expenses.
- Example 2: A construction worker, Priya, falls from scaffolding and breaks her leg. The employer delays providing medical assistance and attempts to deduct the treatment costs from Priya’s salary. This constitutes a violation of Section 31 and can lead to penalties and legal action.
Disclaimer
This article is for basic understanding of the Code on Social Security, 2020, and Section 31 specifically. It should not be treated as legal advice. For specific legal guidance, please consult with a qualified legal professional.
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