Understanding Workers' Compensation for Occupational Diseases

Occupational disease compensation is provided to workers in India who develop health conditions because of their jobs. Typically, these illnesses are a result of prolonged exposure to hazardous substances or an unsafe working environment. For instance, exposure to silica dust in mining can lead to silicosis. Similarly, asbestos exposure causes asbestosis.

These occupational diseases are listed in the Schedule of the Workmen Compensation Act to ensure that employees who suffer from these illnesses receive appropriate medical and financial assistance.

Generally, occupational disease compensation would include medical expenses, income replacement at the time of recovery and compensation for total or partial disability. The amount of compensation is different for different types of occupational disease.

The Occupational Diseases under the Workmen Compensation Act of 1923 are divided into three parts, outlining the employer’s liability:

Part A: This section comprises illnesses such as Anthrax, Compressed Air Sickness and poisoning from lead tetra-ethyl.

Part B: Under this part, diseases such as lead and phosphorus poisoning, mercury poisoning, skin cancer and Telegraphists Cramp are included

Part C: This part comprises diseases such as Silicosis, Asbestosis and Bronchopulmonary diseases.

Workers who have been affected by occupational illnesses are entitled to fair compensation. This also ensures that employers strive to maintain safety in the workplace to mitigate illnesses and accidents.

Useful Links:

Full List of Occupational Diseases (Workmen Compensation Act of 1923) (Page 34)

Here are some key reasons why workers comp for occupational disease is an important component for creating a safe work environment:

Financial Security: In the event of an unforeseeable accident where an employee sustains an injury, workers comp for occupational disease provides financial assistance to employees who cannot work during recovery.

This ensures that their livelihood is not disrupted during the recovery period, and they can meet their medical expenses without strain.

Safer Workplace Environment: Compensation schemes are a great incentive for employees to ensure that they follow the required safety protocols. This makes the work environment safer, thereby lowering instances of occupational diseases.

Adherence to Legal Obligations: By making it mandatory for organisations to provide compensation for occupational diseases under the Workmen’s Compensation Act of 1923, the system ensures that legal formalities are followed. This ensures that the employers maintain standard safety protocols.

Employee Welfare: When employees are ensured compensation and medical treatment to help recover from workplace injuries, it leads to better health outcomes and fosters a more supportive work environment.

Today, you can easily get a Workmens' Compensation policy online from insurers as a way to ensure employee safety and welfare.

The laws outlined for occupational disease compensation ensure that workers are entitled to fair compensation and that employers maintain a safe work environment.

Although the framework for compensation is different for different types of occupational disease and changes in different regions, it still extends to the entirety of India, including Goa, Daman and Diu.

These laws provide a framework for the rights and obligations of employers and workers concerning occupational illnesses.

Organisations are expected to mandatorily offer compensation to ensure employees who are suffering from work-related diseases receive benefits such as medical support and income replacement.

To ensure appropriate care and compensation, employees must acquaint themselves with the claim filing process. Here is a step-by-step process for filing a claim against workmen’s compensation insurance:

Medical Diagnosis and Documents: The employee must obtain a diagnosis from a medical professional that confirms that their illness is owing to the nature of their work. It is important to ensure detailed documentation of exposure to harmful substances or unsafe working conditions.

Intimation: The worker will need to notify their employer about the diagnosis and its association with the working environment. It is important to ensure that this is done promptly to ensure compliance with reporting requirements.

Claim Filing: The employer will then have to raise a claim under the workmen’s compensation policy online or offline. At the time of filing, medical diagnosis, employment history and evidence of what caused the illness will need to be submitted to the insurer.

Review: Once the claim has been filed, the insurer will review and verify the claim in order to consider it a professional ailment. Upon verification, compensation will be disbursed.

Decision and Compensation: If the claim is approved, the employee receives compensation for medical expenses, income replacement and other benefits. If the claim gets rejected, the employee can pursue other legal routes.

For the benefit of the employer and the employee, it is important to maintain a healthy work environment to reduce the long-term costs associated with health complications. Here are some ways that can help lower the instances of work-related illnesses in employees:

Routine Checks: It is important to frequently evaluate the conditions in the workplace to identify if there are any potential dangers. This can not only prevent severe accidents but also help update the safety guidelines for a safer working environment.

Providing Personal Protective Equipment (PPE) Kits: In hazardous working environments, workers must be protected with the right safety equipment like PPE kits, masks, gloves and earplugs. It is also important to help employees understand how to use this safety equipment and in which situations it is needed.

Increasing Employee Safety Awareness: Workers need to undergo appropriate training to learn of the safety processes, potential dangers, and emergency training. This helps maintain a safe work environment and mitigate risks.

Maintaining Hygiene and Proper Ventilation: Work environments must be well-ventilated to avoid any accumulation of hazardous materials. Organisations must promote regular hand washing and careful handling of the chemicals to minimise the risk of exposure.

Monitor Employee Health: Exposure levels of employees must be regularly monitored, especially in high-risk work settings. This can help detect the signs of any diseases early on and address them promptly before they escalate.

Ergonomics and Safe Workstation Design: It is important to design workstations in a manner that minimises repetitive strain and ergonomic risks. In addition to providing the appropriate ergonomic tools, employers must instruct workers on how to use them safely and comfortably.

The Workmen's Compensation Act of 1923 provides a clear and structured approach to ensuring fair compensation to workers suffering from work-related illnesses so they can secure appropriate medical attention without financial distress. However, prevention must always be prioritised with regular assessments, employee training, updated protocols, etc.

One way to do this is by combining preventive measures with insurance backup from providers like TATA AIG, who offer business insurance in India. This way, employers can foster a safer working environment that has a healthier and, subsequently, more productive workforce.

What is workers’ compensation?

Workers' compensation insurance compensates employees who suffer from work-related illnesses. The coverage under this policy typically includes medical expenses, income replacement, rehabilitation costs and death benefits.

Employers can invest in a workmen’s compensation policy online, which is a convenient option that allows them to easily explore policies that are most suitable for their setting.

What diseases are covered under the Workmen Compensation Act?

Occupational diseases are listed in Schedule 3 of the Workmen Compensation Act and cover illnesses such as silicosis, asbestosis, lead poisoning and more.

What can employees do if their compensation claim has been denied?

If a claim has been denied, employees can pursue the legal route to challenge the denial.