The Employee’s Compensation Act, 1923

The Employee's Compensation Act, 1923 is a piece of legislation in India that provides for compensation to employees who suffer injury or disability in the course of their employment. The Act applies to all employees, including those employed in factories, mines, and plantations. The Act is administered by the Central Board of Labour and the Department of Social Justice and Empowerment in India. The act covers various types of injuries and disabilities.

The act also provides for compensation for death in certain circumstances, though the compensation is significantly less than that given if a worker sustains permanent injuries. Note that this is a case-by-case basis. The employee must prove to a court, usually the labour court, that they were injured in their employment; this is not required under Indian common law (but see "Krishna Kumar v. State of U.P." for an exception). If the employee cannot prove this, they will be denied any form of compensation from their employer. The employer, in turn, is liable for all bodily injury or death of the employee, as well as for any loss or damage to the property of their employees arising from such injuries. If an employer causes death to an employee under suspicious circumstances, the police may intervene and investigate, but will not be responsible for any compensation.

The main provisions of the Employee's Compensation Act, 1923 include:

Definition of injury: The Act defines injury as any injury caused to an employee by an accident arising out of and in the course of employment. The injury may be physical or mental, and may include death.

Liability for compensation: The Act provides that the employer is liable to pay compensation to an employee who suffers injury in the course of their employment. The compensation must be paid regardless of who was at fault for the injury.

Amount of compensation: The Act provides for the payment of a lump sum compensation, which is calculated based on the employee's average monthly wages and the extent of their disability. The Act also provides for the payment of medical expenses and the cost of rehabilitation.

Time limit for filing claims: The Act requires that claims for compensation be filed within two years of the date of the injury.

Appeal process: The Act provides for an appeal process for employees who are dissatisfied with the decision of the employer or the compensation commissioner.

Coverage: The Act applies to all employees in India, including those employed in factories, mines, and plantations.

Improvement over previous legislation: The Employee's Compensation Act, 1923 is considered a significant improvement over previous legislation, which did not provide for compensation in the case of injury or disability.

The Employee's Compensation Act, 1923 is an important piece of legislation in India that provides for the protection of employees who suffer injury or disability in the course of their employment. The Act provides a mechanism for employees to claim compensation, and ensures that they are not left without support in the event of injury or disability. The Act is considered a significant improvement over the previous legislation, which did not provide for compensation in the case of injury or disability.