Best Workers Compensation Lawyers in Patna

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Advocate Radha Raman Roy

Advocate Radha Raman Roy

Patna, India

Free Consultation: 15 mins


Founded in 1987
10 people in their team
Advocate Radha Raman Roy, the best lawyer in Patna, is renowned for his over 35 years of experience in criminal, divorce, property, matrimonial,...
English
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About Workers Compensation Law in Patna, India

India has come a long way in shaping its labour laws and protecting the rights of its workers. Workers' compensation in Patna is governed by the central law called the Employees' Compensation Act, 1923. It is designed to provide financial compensation to workers who suffer from an accident or occupational disease arising out of and in the course of their employment. The law applies to almost all employees working in both the organised and unorganised sectors, regardless of the type of worker or sector.

Why You May Need a Lawyer

Navigating through the regulations of workers compensation can be a complicated process. A lawyer is beneficial in clarifying these complexities and securing the maximum possible compensation. Situations where legal help may be required are when the compensation offered is not enough, when the claim is denied, when there are permanent disabilities, or when healthcare benefits are denied. A qualified lawyer will not only understand the local laws but can also steer the case towards a resolution that is beneficial for the employee.

Local Laws Overview

The Employees' Compensation Act, 1923 is the criterial law. The Act mandates that an employer is required to compensate their workman if any injury or disease occurs at the workplace during the course of employment. It also identifies the amount of compensation to be paid, which depends on factors such as the nature of injury, age of the worker, and the monthly wages of the worker. If the employer fails to comply with the compensation, they may be penalised under the Act. In Patna, and throughout India, workers have the right to appeal for compensation within 2 years of the occurrence or knowledge of the disease or injury.

Frequently Asked Questions

1. Who is entitled to Workers' Compensation in Patna?

Almost all employees in Patna, India are entitled to Workers' Compensation, irrespective of their salary, nature of employment, or duration of service.

2. Can I file for compensation if my employer denies it?

Yes, under the Employees' Compensation Act, if your employer refuses to compensate for your workplace injury or occupational disease, you can file a claim before the Commissioner for Workers' Compensation.

3. What kind of injuries are covered under Workers' Compensation?

Workers' Compensation covers almost all types of injuries and diseases that can arise during the course of employment, including physical injuries, fractures, diseases caused by exposure to harmful substances, and even psychological trauma resulting from work.

4. Is there any time limit to filing a claim?

Yes, any claim for compensation should be filed within two years of the occurrence of the injury or knowledge of the disease.

5. What if the injury leads to the death of a worker?

In case of death due to a work-related injury or illness, the compensation will be given to the employee's dependents as defined by the law.

6. Do part-time workers qualify for Workers' Compensation?

Yes, both full-time and part-time workers are covered under Workers' Compensation law in India.

7. Can I be fired for claiming Workers' Compensation?

It is illegal to dismiss an employee for seeking compensation under the Act. If you face any such retaliation, you should contact a lawyer immediately.

8. Is it necessary to hire a lawyer for Workers' Compensation?

While it is not mandatory, hiring a lawyer can help with complex cases and ensure you receive the maximum possible compensation.

9. Can I choose my own doctor for treatment?

Yes, you have the right to choose your own doctor. However, certain procedures may require approval from your employer or their insurance carrier.

10. How long does it take to receive the compensation?

The timeline varies depending on the complexity of the case. It could range from a few weeks to several months.

Additional Resources

The Ministry of Labour & Employment is the key governmental body that provides detailed information about the Employees' Compensation Act, 1923. Various NGOs and law firms provide free educational resources and legal aid services. The local trade unions can also provide assistance and support.

Next Steps

If you believe you have a valid claim for workers compensation, you should begin gathering evidence and documentation related to your injury or illness. Contact a qualified lawyer who can assist you with the process. Remember, it's important to act promptly to safeguard your rights under the law.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.