Liability InsuranceWorkmen Compensation
Workmen Compensation
Liability InsuranceWorkmen Compensation
Table of Contents
Workmen's Compensation PolicyNeed More Info? Get on a call with us.
Workmen's Compensation Policy
The Workmen's Compensation Insurance Policy provides legal liability coverage for compensation to your employees for bodily injury or death caused due to accidents/occupational diseases arising out of and in the course of employment.
The workmen's compensation insurance is the primary method by which an employer can demonstrate the ability to satisfy the obligations imposed by the worker's compensation statutes. It is compensation payable under a scheme set out in the Workmen's Compensation Act of India, monitored by the Ministry of Labor.
Scope
This policy covers the employers' legal liability under the Workmen Compensation Act to pay compensation to workers not covered under E.S.I. (Employee State Insurance Act) for bodily injury or disease sustained/contracted out of and in the course of employment. The policy covers the legal liability of an employer under:
- Table 'A' - Indemnity against legal liability to all employees (whether or not coming within the definition of the term Workmen) under the W.C.Act 1923 and subsequent amendment to the said Act prior to the date of issue of the policy, the Fatal Accidents Act, 1855 and at Common Law.
- Table 'B' - Indemnity against legal liability under the Fatal Accidents Act, 1855 and Common Law (Table 'B' policies may not be issued to cover employees who fall within the definition of "Workmen" under the Workmen's Compensation Act, 1923 as amended)
Key Benefits
The Workmen's Compensation Insurance Policy provides for legal liability coverage for compensation to your employees for bodily injury or death caused due to accidents / occupational diseases arising out of and in the course of their employment with you.
The workmen's compensation insurance is the primary method by which an employer can demonstrate the ability to satisfy the obligations imposed by the worker's compensation statutes. It is compensation payable under a scheme set out in the Workmen's Compensation Act of India, monitored by the Ministry of Labor.
Advantages to Employer It is important to note that if a workman institutes a claim before the workmen's Compensation Commissioner for damages in respect of his injury, he cannot subsequently file a civil suit against his employer. On the other hand, if he institutes a claim under common law, he cannot subsequently claim compensation under the Workmen's Compensation Act. The workman cannot take with both hands, but has to choose his form of redressal.
Coverages
- Death
- Permanent total disablement
- Permanent partial disablement
- Temporary disablement
- Legal costs and expenses incurred with the company's consent
Add on covers
- Actual medical, surgical and hospital expenses including the cost of transport to hospital for Accidental employment injuries
- Any compensation for diseases mentioned in Part 'C' of Schedule III of the Workmen's Compensation Act, 1923, which arise out of and in the course of employment
Exclusions
- Any injury by accident or disease directly attributable to war and nuclear risk
- Insured's liability to employees of contactors to the insured (unless separately declared and covered)
- Liability of the Insured assumed under an agreement
- Diseases mentioned in Part 'C' of Schedule III of the Workmen's Compensation Act, 1923
- Any change in statute provisions after the policy has commenced
- Influence of drinks or drugs
- Willful disobedience of an order for securing safety to the workman
- Willful removal or disregard of a safety guard device
- Occupational Diseases
Compensation
- Where death results from the course of employment: An amount equal to 50% of the deceased workman monthly compensation multiplied by the relevant age factor
- Where permanent total disablement results from the injury in the course of their employment: An amount equal to 60% of the monthly workman compensation multiplied by the relevant age factor
Claim Process
In the event of loss, the following are immediate actions to be taken
Intimate the insurer the occurrence of loss, submit a full statement in writing of the claim, provide the nature and extent of loss and also the estimate of loss. Any delay in intimation might jeopardize the claim as the insurer may express an inability in accepting liability of the loss/damage.
- To take all steps to reduce and minimize the extent of loss/damage and liability.
- Proximate cause of the loss and assess the type/extent and whether it is within the scope of the policy.
- To extend full co-operation to the insurer for proper assessment of the loss.
- Produce all such records and proof as may be required by the insurers for arriving at the extent of loss and the liability under the policy.
- Provide documents such as claim form, copy of Policy, W.C. Award letter, Incident note etc.
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