Damages and Compensation

The law places a responsibility on the employer to provide good working conditions for their employees, this ranges from a healthy and safe environment, and provisions of safety equipment, etc. To further ensure that such responsibility is met, it provides remedies and damages enforceable against the employer for certain injuries or diseases sustained during employment and at the workplace.

The Employee Compensation Act, 2010 (the Act) is the extant law governing the payment of compensation to all employees both in the public and private sector except members of the armed forces. It mandates all employers to contribute to the 1% of the total monthly payroll into the compensation fund and entitles all employees to claim compensation for occupational diseases and injuries sustained from an accident at the workplace or during employment.
Types of Injury Entitled to Compensation

a. Disabling injuries arising out of or in the course of employment. This also includes injuries that prevent an employee from earning full remuneration at the workplace which is payable from the first working day after the injury.
b. Accidents sustained between the place of work and the employee’s primary or secondary residence, where he/she usually takes meals and places where he/she receives remuneration provided the employer has prior knowledge of such.
c. Injuries or diseases sustained during employment. Unless contrary can be proved, it is presumed to have occurred during employment. This also includes injuries superimposed on an already existing disability.
d. Mental stress which can be an acute reaction to a sudden reaction or unexpected event during the course of employment or a diagnosis of a medical practitioner that it arose from the nature of the work or event related to the work. Such can also arise for changing working conditions that unfairly exceed the working ability and capacity of the employee.
d. Occupational diseases that disable the employee from earning full remuneration, cause death, arising from the nature of the employment which entitle the employee to compensation and health care benefits.
e. Hearing impairments of non-traumatic origin arising out of or in the course of employment and impairment superimposed on existing hearing impairment. The extent of the hearing impairment determines the compensation to be paid and this is decided by the Board in consultation with the National Council for Occupational Safety and Health (NCOHS)
f. Injuries arising outside the normal/usual workplace if the job requires the employee or the employee has the authority of the employer to work outside the normal workplace.
When workplace issues result in financial loss, we stand by our clients to secure fair compensation. Our approach includes comprehensive claim assessments and strategic pursuit of damages, helping individuals obtain the support they deserve and restoring their financial well-being.

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