Advocate Radha Raman Roy
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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.
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.
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.
Almost all employees in Patna, India are entitled to Workers' Compensation, irrespective of their salary, nature of employment, or duration of service.
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.
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.
Yes, any claim for compensation should be filed within two years of the occurrence of the injury or knowledge of the disease.
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.
Yes, both full-time and part-time workers are covered under Workers' Compensation law in India.
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.
While it is not mandatory, hiring a lawyer can help with complex cases and ensure you receive the maximum possible compensation.
Yes, you have the right to choose your own doctor. However, certain procedures may require approval from your employer or their insurance carrier.
The timeline varies depending on the complexity of the case. It could range from a few weeks to several months.
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.
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.