Work Injury Benefits
Disability / Work Injury Benefit
Work injuries are divided into four categories: (i) permanent total incapacity (ii) permanent partial incapacity (iii) temporary incapacity and (iv) fatal injury leading to the death of a worker.
In the case of permanent total incapacity/disability, 90% of an insured worker's average earning is paid as the amount of compensation. These benefits are paid for the duration of the disability.
In the case of permanent partial disability, the amount of compensation depends on the assessed degree of disability.
In the case of temporary disability, 90% of an insured worker's average earning is paid as the amount of compensation. The benefits are paid until the worker's full recovery.
In the case of fatal injury, dependents (including widow, widower, children, parents, grandparents) receive survivors' benefit. Widow receives 60% of the disability pension the deceased worker received or would have been entitled to receive and an orphan, younger than age 25, receives 40% of total disability pension. The minimum monthly benefit is 1200 rupees per family. A funeral grant (a lump sum of up to 10,000 rupees) for the cost of the funeral is paid to the oldest member of the family or to the person who pays for the funeral.
In line with a 2017 amendment in the Employee Compensation Act 1923, employers are required to inform the employees of their rights to compensation under the Act, in writing as well as through electronic means, in English or Hindi or in the official language of the area of employment, as may be understood by the employee. If an employer fails to inform the employee of his compensation rights under the law, he is liable to a fine which may range between 50,000-100,000 Indian rupees.
Source: §46 of the Employees State Insurance Act 1948, ISSA Country Profile for India
Non-Standard Workers' Rights on Work Injury Benefits - Platform workers
The currently applicable law "Employees Compensation Act 1923" is not applicable to the platform workers. Among other laws, the Government of India is planning to replace the 1923 Act and some other laws with a simplified OSH and Working Conditions Code. The draft OSH Code defines an employee "in respect of an establishment, a person (other than an apprentice engaged under the Apprentices Act, 1961) employed on wages by an establishment to do any skilled, semi-skilled, unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied". The draft law further says that a person can be declared to be an employee by the appropriate Government.
The central or state governments may declare platform workers as employees for the purposes of this legislation and hence grant them all rights as are applicable to other workers. Self-employed workers are not covered under the currently applicable legislation.
The Injury Protection system is offered by Uber in India both to the drivers and riders. Riders and drivers/partners are covered under Insurance. Uber India is providing insurance cover worth Rs. 5 lakh in case of accidental deaths or disability or partial disability during a ride. For in-patient hospitalization, the insurance cover is Rs. 2 lakh. For outpatient, the insurance cover is up to Rs. 50,000.
Disability/Work Injury Benefits Under State Laws
Disability/Work Injury Benefits in Andhra Pradesh
For Advocates’ Clerks:
In the event an Advocate's Clerk, who is a member of the Fund temporarily becomes indigent or disabled; they may be eligible for the grant of financial assistance to be specified by the Committee from time to time. This amount will depend upon the age of the Advocate's Clerk, seniority, the number of dependents in the family, the nature of treatment if any required and the funds available with the Committee. The committee may account for any other factor it deems necessary. The grant may be either in instalments or in a lump sum. In the first instance, the grant can be sanctioned for one year. It can be paid directly, by an account payee check, or draft in favour of the Advocate's Clerk concerned as per his instructions.
Source: Chapter VII (Rules), Advocates’ Clerks’ Welfare fund Act.
For Advocates:
In the event of an Advocate who is a member of the Fund temporarily becomes indigent or disabled, he may be eligible for the grant of financial assistance to be specified by the Committee from time to time. Every application for financial assistance by a disabled or indigent advocate should be preferred in Form No. 6 accompanied by a Medical Certificate together with the recommendation of the Bar Association of the Court. The grant amount depends upon the age of the Advocate, standing at the Bar, the number of dependents in the family, the nature of treatment if any required and the funds available with the Committee. The committee may also take any other factor that may be brought to their notice. The grant may be either in instalments or in a lump sum.
The grant of financial assistance to the indigent and or disabled advocate should be sanctioned for one year in the first instance. It can be paid to the advocate concerned directly, by an account payee check, or draft in favour. In case of necessity, such sanction may be renewed after the expiry of the year for which the sanction was already granted.
Provided that the financial grant to the advocate should cease as soon as the Advocate is not disabled and indigent anymore.
Source: Section 24, 25, 26, 27, Andhra Pradesh Advocates' Welfare Fund Act, 1987, Chapter VII (RULES)
Disability/Work Injury Benefits in Maharashtra
For everyone:
The State Government arranges for the treatment of any injury caused to workers while working under the Schemes (of the Maharashtra Employment Guarantee Act, 1977). It arranges for the entire hospitalization, accommodation and diet of the person. The employee is entitled to the minimum wage prescribed for the entire period of treatment. In case of death, a payment of Rs. 50,000 or more should be provided to the legal heir of the person by the State Government. In case of a permanent injury, a payment (not exceeding the amount paid upon death) must be paid to the person.
Similar provisions apply in the case of an injury caused to a child accompanying a worker. However, the payment made in this case will not exceed the amount paid upon injury to the worker.
Source: Section 2, 7(a) of the Maharashtra Employment Guarantee Act, 1977
Disability/Work Injury Benefits in Karnataka
No State laws and provisions under this topic.
Disability/Work Injury Benefits in Uttar Pradesh
No State laws and provisions under this topic.
Disability/Work Injury Benefits in Rajasthan
No State laws and provisions under this topic.
Disability/Work Injury Benefits in Tamil Nadu
No State laws and provisions under this topic.
Disability/Work Injury benefits in Gujarat
Every worker should be entitled to wages for the absence of the worker due to temporary disablement caused by an accident arising out of and in the course of his employment.
The Workmen's Compensation Act, 1923 provides for payment of compensation to workmen (or their dependants) in case of personal injury caused by accident or certain occupational diseases.
If these diseases or injuries arise out of and in the course of employment and result in disablement or death, all necessary changes made to the rules made would apply to registered unprotected workers employed in any scheduled employment to which this Act applies.
If the employee applies for leave fifteen days in advance but refused the leave, and so, quits his employment on account of retirement, resignation, death or permanent disability, the employer should pay him full wages for the period of leave due to him.
Source: Section 18 and 19 of the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019
Disability/Work Injury benefits in West Bengal
No State laws and provisions under this topic.
