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Workmen’s compensation claim




Under the workmen’s Compensation Act Labour Officers can be gazetted as “Commissioners for workmen’s Compensation”. My colleague had a file involving a construction worker who was ciaiming compensation for injuries sustained at work.The employer had a “Workmen’s Compensation Policy”  and when my colleague sent an assessment to the employer he promptly sent it to his insurance Company. The insurance company refuted the claim saying the accident arose during working hours but it did not arise out of his employment. 


The workman was engaged in drawing white lines on the road to show separation of two lanes. A car knocked into him while he was on his job and he sustained physical injuries that prevented him from working for about a month. The medical report also said he sustained injuries to his leg and his left leg was shorter by about an inch which caused him to walk with a limp. The medical report also suggested that the workman had lost 10% of his physical capacity. An assessment for 10% loss was made and sent to the employer. The employer sent the assessment to his insurance company for payment as he had a Workmen’s Compensation policy. 


The Insurance Company disputed the claim saying the workman was no doubt injured while at work, but he had resumed his employment with no loss in income and a 10 % for disability does not reflect the true nature of the workmen’s situation. He may have a claim under common law but a claim under the Workmen’s Compensation Act is not sustainable. The employer had not taken out a policy under the common law and the insurance company said it was not liable for damages under the Workmen’s Compensation Act.    In accordance to the provisions of the Workmen’s Compensation Act the case was forwarded to the High Court for a decision. 


Once this matter was referred to the High Court, the employer expressed his dissatisfaction with the insurer. He had been insuring his workers for more than 15 years and if the insurer was going to deny liability for no valid reason, he was going to review his policy on taking out insurance in the future with this Company. The insurer faced with the threat of losing a good customer because of their claims policy, agreed to review their stand and agreed to pay the compensation assessed by the Department bringing the case to a conclusion.    


All contents (c) Ganapathy Ramasamy, mynameisgana@blogspot.com


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