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Work Injury Law, also known as Workers' Compensation Law, in Patna, India mainly revolves around the Employees Compensation Act, 1923 and the Factories Act, 1948. These laws provide protections and entitlements to workers who sustain an injury during the course of employment, ensuring that they receive appropriate medical treatment, rehabilitation and compensation for loss of wages.
The process of claiming compensation for work injuries can be complex. This may represent a major obstacle for those unfamiliar with legal procedures and terms. Lawyers with expertise in work injury law can guide workers throughout the process, ensuring they understand their rights and responsibilities, helping to lodge claims, and representing clients in disputes. In case of serious or long-term injuries where the compensation amount is large, or when the employer disputes the claim, having a lawyer becomes even more critical.
Under the Employees Compensation Act, compensation is mandatory if a worker sustains injury due to an accident arising out of and during the course of employment. Under the Factories Act, employers are required to ensure the health, safety and welfare of all workers. Furthermore, India's Constitution, under Article 21, guarantees the right to live in a safe environment. The violation of these provisions can result in employers facing penalties and the victims being entitled to compensation.
Yes, under the Employees Compensation Act, India, fault is not a factor for eligibility for compensation.
Compensation usually covers the cost of medical treatment, rehabilitation and lost wages. The exact amount varies depending on the nature and severity of the injury.
In most cases, you cannot sue as by receiving compensation you forego the right to sue your employer. However, in some extreme instances of negligence, it may be possible to sue.
Under Indian law, it is illegal for an employer to terminate an employee because they lodged a worker compensation claim. Retaliation of this kind can lead to further legal action.
Employers are required by law to have workers compensation insurance. If they don't, they can be held legally responsible and penalized.
No, self-employed workers aren’t typically covered by workers compensation.
Generally, it is required to notify your employer about the injury as soon as possible. There isn't a uniform statute of limitations, but waiting too long can jeopardize your chances of receiving compensation.
No, it can also cover illnesses and diseases which can be directly linked to the job.
If your claim is denied, you have the right to appeal the decision. This is where a lawyer can assist you in making your case stronger.
This is usually determined by the treating doctor who will evaluate your medical condition and decide on returning back to work. It might lead to light-duty restrictions based on your condition.
In addition to legal representation, there are several organizations that can assist workers who have been injured. This includes the Ministry of Labour and Employment, Employees' State Insurance Corporation (ESIC), National Human Rights Commission India, and various local NGOs. Knowledge portals like 'Nyaaya', a free online resource explaining India’s laws provide easy to understand legal information.
If you believe you have a valid work injury claim, your first step should be to notify your employer as soon as possible, in accordance with the processes your workplace has in place. Compile a detailed account of the incident and collection all related evidence. Seeking medical attention should be the immediate priority as it facilitates documentation of the injury. Last but not least, consult a lawyer experienced in work injury law to help guide you throughout the process.
