Workers in factories, construction sites, workshops, transport and other establishments face risks every day. When an employee is injured, disabled or killed by an accident arising out of and in the course of employment, the employer is liable to pay compensation — historically under the Employees' Compensation Act, 1923 (earlier the Workmen's Compensation Act) and now under the Code on Social Security, 2020.
Adv. S. Mohamed Yunus assists injured workers and the families of deceased workers in Coimbatore in claiming compensation before the competent authority, and advises employers on their obligations, insurance cover and fair settlement of claims.
Scope
Matters handled
- Death claimsCompensation to dependants of workers who die due to workplace accidents.
- Permanent disablementClaims for loss of earning capacity due to amputation, loss of limb function or other permanent injury.
- Temporary disablementPeriodic payments for the period an employee is unable to work.
- Occupational diseasesClaims for diseases contracted due to the nature of the employment.
- Delay, interest & penaltyClaims for interest and penalty when an employer delays payment of compensation.
- Employer advisoryAdvising employers on liability, insurance coverage, reporting obligations and settlement.
- ESI-related guidanceGuidance where the employee is covered under the Employees' State Insurance scheme.
Process
How the process works
- 1
Facts & employment proof
Establishing the employment relationship and how the accident occurred in the course of employment.
- 2
Medical assessment
Obtaining treatment records and assessment of the loss of earning capacity.
- 3
Filing the claim
Filing the claim application with supporting documents, with notice to the employer and insurer.
- 4
Order & recovery
Evidence, arguments and the order for compensation, followed by recovery if it is not paid.
Documents to keep ready
- Proof of employment — ID card, wage slips, attendance or appointment order
- Accident intimation or FIR, if registered
- Medical records and disability certificate
- Death certificate and post-mortem report (in fatal cases)
- Age proof and wage details of the employee
- Details of dependants / legal heirs
Relevant laws
- Code on Social Security, 2020
- Employees' Compensation Act, 1923 (earlier and pending matters)
- Occupational Safety, Health and Working Conditions Code, 2020
FAQ
Frequently asked questions
Who is liable to pay compensation for a workplace accident?
The employer is primarily liable when personal injury is caused to an employee by an accident arising out of and in the course of employment. Where the employer has insurance, the insurer is usually made a party to the claim.
Does compensation depend on who was at fault?
Employee compensation is largely based on no-fault liability. Certain exceptions — such as injury caused while under the influence of alcohol or by wilful disobedience of safety rules — may apply in non-fatal cases.
How is the amount of compensation calculated?
Compensation is generally calculated using the employee's monthly wages, an age-based factor and the percentage loss of earning capacity, subject to minimum amounts fixed by law.
Are contract workers covered?
Workers engaged through contractors are generally covered, and the principal employer may also be liable in certain circumstances. Each case depends on the nature of engagement and the evidence available.
The information on this page is general in nature, based on the law as generally understood, and is not legal advice. Legal positions change and outcomes depend on the facts of each case. Please consult before acting on any information.
