Required by law for accidents resulting in death or serious bodily i

njury

Report must be sent within seven days

Exception: If specified by State Government, report can go to noti

Report to competent authority ---
ce authority

Involves permanent loss of use or injury to any limb

Permanent loss of or injury to sight or hearing

Section 73 - Reports of Fatal Accidents and
Serious Bodily Injuries Fracture of any limb

Enforced absence from work exceeding twenty days

May extend provisions to other classes of premises

Specification of persons required to send reports

Does not apply to establishments under Chapter IV (Employees' St

ate Insurance Corporation)
E) Monica
Scan lo learn about the All-in-One AI Office Assistant
 Liability for personal injury caused by accident or occupational dis
ease

Compensation according to provisions of this Chapter

Injury not resulting in total or partial disablement for over three d

ays

L
Employee under influence of dnnk or drugs

Injury not resulting in death or permanent total disablement caus

Wrllul d1sobed1ence to safety orders
ed by:

<
�
Wilful removal of safety dev,ces

Employee acted 1n contravention of laws or orders

Accidents or diseases deemed to arise out of employment even if:
Employee acted wrthout 111struct1ons

Act would have been deemed to arise out of employment otherwi

se
<

Act done for employer's trade or business

Section 74 - Employer's Liability for Compe

Disease contracted in specified employment after six months ol se
nsation
rvice deemed an injury by accident

Presumption of arising out of employment unless proven otherwis

e

Accidents while commuting considered arising out of employmen

t ii nexus established

\
Central or State Government can modify/add employments and di
seases in schedules

Notification required with three months' notrce

No compensation unless accident/disease directly attributable to

employment

No suit maintainable if:

<
No right to compensation if civil suit for damages is filed

Claim for compensation has been instttuted

Agreement exists for compensat,on payment

G Monica
Scan 10 learn about the All-m-Ooc A l Ofiic�A!>!-iiS.UUJI
 <
Applies if death or injury results from collapse of employer-provid
ed house in a plantation

Fault of occupant
Collapse not solely due to:
Natural calamity

<
Compensation payable under Section 76 and Sixth Schedule

D1rectly employed or through agency

Includes:
Contract workers (more than 60 days a year)

Medical officers employed in the plantation

Person employed in a plantation for hire or reward Persons with monthly wages exceeding a limit set by the Governm
ent
Excludes:
Managerial or administrative staff regardless of wages

Temporarily employed persons in construction or maintenance wo

rk

E) Monica
Scan tl.'t k."Mn ahout theAll•1n•(>neAI Oftic1.: As."list:it1t
 50% of monthly wages multiplied by relevant factor or a notified
Death R�ulting from Injury: ---
amount, whichever is higher.

60% of monthly wages multiplied by relevant factor or a notified

/ amount, whichever 1s higher.
Permanent Total Disablement
'\__
Central Government may enhance these amounts.

Defined as the factor specified in the Sixth Schedule based on the

employee's age at the last birthday before compensation.

Percentage of compensation for permanent total disablement as s

Injury Specified in Fourth Schedule:
pecified.

Percentage based on loss of earning capacity assessed by a medica

Injury Not Specified: ---
1 practitioner.

Multiple injuries aggregated but capped at total disablement com

pensation.

Paid after specific waiting periods based on duration of disableme

Half-monthly payment of 25% of monthly wages.
nt.

♦13-iuhi.if\lMM-#Mii·ffiiii#IN- Consider compensation awarded under foreign law: adjust accordi

ngly.

Central Government may specify necessary monthly wages for co

mpensation calculation.

Actual medical expenses incurred for treatment of work-related in

juries reimbursed by employer.

If injury results in death, employer deposits at least �15,000 for fu

neral expenses to the competent authority.

Payment to eldest surviving dependant or person incurring the ex

penditure.

Central Government may enhance this amount.

9 Monica
Scan to learn ubout 1J1e All-in-Oni,; Al Office Assis1:in,
 Compensation under Section 76 must be paid as soon as it falls du
e.

Must make provisional payment based on accepted liability

.
Payment deposited with competent authority or made to employe
If employer disputes liability:
e.

Employee retains nght to further claims.

Employer must pay interest at a prescribed rate on the amount du

Inte est
e
.
r
If no justification for delay, employer must pay up to 50% of arrea
If employer defaults in payment within one month:
rs as damages.
D am ages < .
Order for damages requires reasonable opportunity for employer
to respond.

Interest and damages payable to the employee or their dependant

8 Monica
Scan la leam abou1 the AU-rn-Ooe Al Office Ass1stan1
 Represents wages payable for a month's service, regardless of pay
ment frequency or method.

(a) Continuous Service of 12 Months or More: --- Monthly wages= Total wages due in the last 12 months/ 12.

Monthly wages = Average monthly amount earned by a similar e

mployee in the last 12 months.
Section 78 - Method of Calculating Monthly
Wages for Purposes of Compensation If no similar employee exists, use average of similar work in the lo
cality.

Monthly wages = (30 x Total wages earned in the last continuous

(c) Other Cases: ---
service period)/ Number of days in that period.

Considered continuous unless interrupted by absence exceeding 1

4 days.

(G) Monica
Sc.an to learn about tbe A U-iu-One A.I Office Assistant
 < Employer

<
Payments can be reviewed by competent authority upon applicati
on by:
Employee

Certificate from a medical practitioner indicating change in emplo

yee's condition.
Applicatioo must iocludec
Or, may apply without certificate under prescribed conditions by S
tate Government.

Continued

Increased

Decreased
Half-monthly payment may be:

Ended

Converted to a lump sum if permanent disablement is found, less

any amounts already received as half-monthly payments.
l� E) Monica
� Scan to learn about the AU-in-One AI Office Assistant
 Agreement between the parties.
/
Half-monthly payments can be redeemed by: �
if parties cannot agree and payments have been continued for at
least six months.
Section 80 - Commutation of Half-Monthly
Payments
Amount agreed upon by the parties
/
2. Payment of Lump Sum Redemption involves payment of a lump sum: �
Or, determined by the competent authority if no agreement is rea
ched.

8 Monica
Scan to learn about the All-in.On.J Al Office Assistant
 Payments for deceased employees or those under legal disability
must be deposited with the competent authority.

Direct payments by employers are not considered va1id compensa

tlon.

Employers can provide advances to dependants (up to 3 months'

wages).

Amount deducted from final compensation by the competent aut

hority.

Any compensation sum � 5,000 rupees may be deposited with the

competent authority.

Receipt from the competent authority serves as sufficient dischar

ge of payment.

Competent authority may notify dependants to determine compe

nsation distribution.

If no dependants exist, remaining funds returned to the employer.

Employers can request detailed statements of disbursements.

Compensation is apportioned among dependants as deemed fit b

y the competent authority.

Must hear from dependants belore making orders and record reas
ons for decisions.

\ 1,,., m,;;1m,,.;;14*-(
,,
Compensation payable to individuals (not under legal disability) c
an be directly disbursed.

For women or those under legal disability, funds may be managed

for their benefit by the competent authority.

. . ..
Competen1 authority can vary distribution orders due to neglect,
changes in circumstances, etc.

Must provide opportunity for affected parties to respond before

making prejudicial changes.

Amounts obtained through fraud or improper means can be recov

ered.

Recovery treated as arrears of land revenue, with the competent a

uthority deemed a public officer under the Revenue Recovery Ac�
1890.
G Monica
San tu learn about the All-m-One Al Ofii..:c Al,.sj5L;m1
 1. Claim Conditions No claim for compensation will be entertained unless:
� /

Claim 1s preferred within two years·

<
Notice of the accident is given as soon as practicable.

From the date of the accident.

In case of death, from the date of death.

Accident deemed to occur on the first day of continuous absence

due to disablement.

For partial disablement not requiring absence, the two-year perio

For diseases: d starts from the notice of disablement.

If symptoms of an occupational disease appear within two years a

fter cessation of employment. the accident date is when symptom
s were first detected.

im is for death resulting from an accident on employer's premi

�� :
/
Any defect or irregularity in notice does not bar claims if·
"\___
Employer or responsible person had knowledge of the accident.

Competent authority may entertain claims despite late notice if sa

tisfied with sufficient cause for delay.

L
Name and address of the injured person.

Notice must include: Cause of inJury

�

Date of the accident

\
Notice served on the employer or responsible person.

11:@:ffl§9;§jijj1Jr,i-i:\i
Government may require certain employers to maintain a notice-b
-- Accessible to injured employees and their representatives.
ook:

Delivering it personally.

Sending by registered post to the residence or business.

6. Methods of Serving Notice Notice can be served by:
Electronically, if possible.

Entry in the notice-book if maintained.

8 Monica
Scan to learn about tbeAll-in-Oa• Al OfficeA,sistatll
 Masters of ships and seamen.

Captain and crew members of aircraft.

Applies to:
Persons recruited by Indian companies working abroad.

Employees sent abroad with motor vehicles (drivers, helpers, etc.).

Master of the ship (for injured seamen).

Captain of the aircraft (for injured crew members).

Notice oi accident and claims can be served on: Local agent of the Indian company (for employees working abroa
d).

Local agent of the motor vehicle owner (for employees working w

ith vehicles).

No notice required if the accident occurred on board the ship or a,

rcraft.

Within one year or the claimant receiving news or the employee's

death.

Within eighteen months if the ship or aircraft is deemed lost with

all hands.

Competent authority may entertain late claims if sufficient cause i

s shown.

Authentrcated by the off1c1al's srgnature

Depositions taken by Judges, Magistrates, or Consular Officers are The defendant had the opportunity to cross-examine the witness.
admissible if:

In cnminal proceedings, the deposrt,on was made m the presence

of the accused.

No need to prove the signature or official character of 1he person

signing the deposition.

No half-monthly payments during the period the ship owner is lia

ble for maintenance expenses of the injured master or seaman.

Failure to give notice or make a claim does not bar proceedings if

commenced within one month after receiving the necessary certifi
cate from the State Government.

G) Monica
Scan LO lcam atx1ut the AIJ-in-Ooc Al Offict" 1\%i�tan1
 Employee must submit for examination if:
< Notice of the aw dent 1s given.

Employer offers free examination within three days.

Employees receiving half-monthly payments must submit for exa

<
mination as required, with intervals prescribed by the State Gover
nment.

Right to compensation 1s suspended during refusal or obstruction.

If an employee refuses to be examined or obstructs the examinati
on:
Exception: If refusal 1s due to sufficient cause.

Right to compensation 1s suspended untrl return and examination.

/
If an employee leaves the vicinity without examination:
� Exception: If unable to submit due to circumstances beyond contr
ol, the medical practitioner may condone the delay.

Competent authority may direct payment of compensation to dep

If an employee dies without examination: ---
endants.

♦114i 141#!¥1- No compensation payable during suspension period:

Waiting period increased by duration of suspension if it starts bef
ore the waiting period ends.

Injury and resulting disablement considered as if properly attende

d.

Compensation payable based on expected condition if proper care

was followed.

9 Monica
Scan to learn about tbe AJl-in-One Al Office Asscstant
 Employer liable for compensation if:
< Contracts with a contractor for work related to his trade.

Employee is engaged in executing that work.

Compensation calculated based on employee's wages under the i

mmediate employer.

Employer entitled to indemnity from: Contractor or any other liable person.

If contractor is also an employer: He can seek indemnity from his contractor.

Disputes regarding indemnity settled by competent authority.

Employee may recover compensation from: --- Contractor instead of the employer.

Provisions do not apply if: --- Accident occurred outside the employer-'s premises or control.

�� E) Monica
� Scan to learn about the All-ill-One Al Office Assistant
 If an employee recovers compensation for an injury --- Injury caused by a third party creating legal liability.

Section 86 - Remedies of Employer Against

The employer who paid the compensation: --- Entitled to indemnity from the third party liable for damages.
Stranger
2. Indemnity Rights
Any person liable under Section 85 can also seek indemnity from t
he third party.

9 Monica
Scan lo learn aoout the All-in-One Al Office Assistant
 inst insurers transfer to the employee upon employer's i
�:���::!�

If an employer has an insurance contract for liability: Insurers assume the same rights and liabilities as the employer.

Insurers' lrabrlity to the employee cannot exceed the employer's Ir

ability.

Employee bears the burden of proof for the balance In insolvency

If insurers· liability is less than employer's: ---
proceedings.

Provisions apply as if the contract were valid.

Insurers can prove in insolvency for amounts paid to the employe

If the employer's contract with insurers is void due to non-compli
e.
ance:

Notice of accident must be given by the employee for this provisi

• on to apply.

Insolvency and Bankruptcy Code, 2016.

' . . Compensation amounts are prioritized under:

Companres Act, 2013

Applies to lrabil1t1es accrued before adJudicat,on or winding up da

le.

Half-monthly payment amounts treated as lump sums for redemp

Competent authority's certificate serves as conclusive proof.
tion purposes:

Provisions of sub-section (4) apply to amounts insurers can prove

under sub-section (3).

Provisions do not apply if a company is wound up voluntarily for r

econstruction or amalgamation.

9 Monica
�can to learn about the All•Ul Ooe Al Office Assistant
 <
Competent authority sends a notice to the employee.

f_
Circumstances of the employee's death.
Upon learn(ng of an employee·s death due to an accident: Nosce Iequires employee to submit a statement w,th,n 30 clays
Employer's opinion on liability for comp�nsation.
\

A copy of the notice sent to the employee's dependants

If liable for compensation: -- Employer must deposit compensation within 30 days.

If not liable, -- Employ�, 11\ull stale gtou�d! fotdi!claiming liability.

Competent authority may infonri dependants of their right to dal

m corn�nsation.
If employer disclaims liability- <

Additional information may be provided as needed.

Competent authority may provide one from the State Government

t f a depEndant canno\ ffor d an a dvo�te: -- 's l
pane .
c;11

� 0) Monica
� S..:.an t.:, lrom ubou.l tb:: All-w-One J\I Otfa(: A>mt.ant
 Employer must send a memorandum to the competent authority.

Competent authority records the memorandum if satisfied with its

genuineness.

Recording can be electronic or otherwise as prescnbed by the gov

ernment.

<
(a) No recording before 7 days after notice to parties.

(b) Competent authority can rectify the register at any time.

<
Provisions --- Conditions for Recordmg:
Section 89 - Registration of Agreements Inadequate sum or amount

(c) Authority may refuse to record ,f.

Agreement obtained by fraud, undue influence, or fmproper mean
s.

<
Registered agree111ents for compensation are enforceable under t
--- Overrides the Indian Contract Act, 1872, and other laws.
his Code:

Employer liable to pay full compensation amount.

If memorandum is not sent:

Employer cannot deduct more than half of any compensation paid
unless directed by competent authority.
 Liability to pay compensation.

Employee status of the injured person.

If questions arise regarding:
Amount or duration of compensation.

Nature or extent of disablement.

These questions shall be settled by a competent authority if there

is no agreement.

Settle or decide questions required to be handled by a competent

/ authority.
No Civil Court has jurisdiction to:
�
Enforce any liability incurred under this Chapter.

E) Monica
Scan to learn abom the All-in-One Al Office Assistant
 Must be a member of State Judicial Service for at least 5 year'$, or

An advocate for at least S years, or

The State Government may appoint a competent authonty via not Educational qualificanons m personnel management. human reso
lfication: urce development. industrial relations, and legal affairs.
A Gazetted Officer for at least 5 years with: -<

Other presc.ribed qualifications and e:itperience.

Authority appointed for specified areas.

If multiple competent a1.ilhorities are appointe d for an area: __ State Gove,nrnent may regulate business dist,ibution amor1g the
m.

Competent authority may choose ind ividuals with speda1 kn owled

ge to assist in inquiries regarding mauers under this Chapter.
 L
(a) Area where the accident occurred.

Matters to be addressed by a competent authority must be done i

(b) Area where the employee or dependent resides.
n:
�
(c) Area of the employer's registered office

Notice must be given to the competent authority having jurisdicti

on if processed elsewhere.

<
Special provision for accidents involving seamen, shipmasters, or
aircraft crew outside India.

<�
They may request transfer of records or money deposited.
If a different competent authority handles a matter.
The original authority must comply with transfer requests

transfer to another competent authority, even outside the sta

A competent authority may transfer matters for convenience: Must transmit all relevant documents and any remaining money

Opportunity for parties to be heard before transferring d1stnbut,o

Conditions. ---
n of lump sums.

Inquire into the matter and report back 1f transferred for report.
/
The new competent authority must: �
Continue proceedings as 1f they started before them if transferred
for disposal.

The original competent authority will decide based on the report f

rom the tramsferred authority.

The Stale Government may transfer matters between its appointe

d competent authorities.

8 Monica
Scon to team about the AII m•One Al Office Assist.ml
 A claim for compensation may be made before the competent aut
/ honty.
When an accident occurs:
�
SubJect to provisions of this Chapter.

No application for settlement, except by dependants, shall be ma A question has arisen between the parties that cannot be settled b
de unless: y agreement.

Electronically or otherwise.

In the prescribed form and manner.

Applications can be made:

Accompanied by any applicable fee as prescribed by the Central G

overnment.

Disposal time-limit for applications and incidental costs: --- To be prescribed by the State Government.

G Monica
'kan 10 learn ahout the All-tn-One Al Office As<;jstant
 If an em player has deposited compensation for an employee's dea
--- Competent authority may deem the sum insufficient.
th:

Statmg reasons for the insuffioency

Calling upon the employer to show cause for not makmg a further
Competent authority may issue a written notice:
depos,t.

<
T,me hm,t speofied in the notice.

Make an award determining the total amount payable

If the employer fails to satisfy the competent authority: --- The authority may:
Require the employer to deposit the deficiency.

G Monica
Scan lO le::im nbo.ut th¢All·ln-One Al 01\ice Assi!i-ront
 The competent authority possesses all powers of a Civil Court und
1. Powers of Competent Authority --- Code of Civil Procedure, 7908.
er:

Take evidence on oath.

Impose penalties for non-compliance.

Section 95 - Powers and Procedure of Comp 2. Evidence and Attendance Competent authority can:
Enforce attendance of witnesses.
etent Authority

<
Compel production of documents and material objects.

Purposes of section 795 of the Code of Criminal Procedure, 1973.

3. Legal Status Competent authority is deemed a Civil Court for:
Chapter XXVI of the Code of Criminal Procedure, 1973.

(:3 Monica
Scan to learn about the All-in-One Al Office Assistant
 A legal practitioner.

An official of an Insurance Company.

Any appearance, application, or act can be made by: A registered Trade Union official,

An Inspector-cum-Facilitator appointed under section 122(1).

Section 96 - Appearance of Parties

Any other officer specified by the St�te Government.

Representation must be authorized in writing by the person conce

rned.
2. Authorization
With permission from the competent authority, representation ca
--- Any other person authorized by the individual.
n also be made by:

E) Monica
Sean to !com about the: All�i..n-O.ne A I Office A.b�istant
 <
Make a brief memorandum of the substance of each witness's evi
dence during examination,

Under the hand of the competent authority

Competent authority must:
Authenticate the memorandum:
In a manner prescribed by the State Government.

Memorandum forms part of the record.

Record the reason for inability.

Cause the memorandum to be made in writing from dictation.

If unable to make a memorandum:
Sign the written memorandum.

This memorandum also forms part of the record.

Evidence of medical witnesses: Must be recorded as nearly as possible word for word.

G) Monica
Senn to learn abou1 tile All�in�Une Al Otl1ct: Assisrnnt
 <::::::::
p 9
,

i§j(,j@i4•@14i•ii1ilfit{4i
t b

111,1111
::: reo •:::::,:�: ;, ,, mt eds, m;t aoy ��;,������::::::,: ::::, �: :,::::cy w;� th, H;gh

G) Monica b t
Scan to learn about the All-in-One Al Oftice Assistant
 (al Orders awarding lump sum compensation or disallowing claim
s.

(bl Orders awarding interest or damages under section 77.

(c) Orders refusing redemption of half-monthly payments.

1. Grounds for Appeal Appeals to the High Court can be made against:
(dl Orders on distribution of compensation among dependants.

(el Orders allowing/disallowing indemnity claims under section 85

(2).

(f) Orders regarding registration of agreements.

A substantial question of law is involved.

Section 99 - Appeal Against Order of Comp

For orders other than (c), the amount in dispute must be at least t
etent Authority en thousand rupees (or higher as specified by the Central Govern
mentl.

No appeal if parties agreed to abide by the competent authority's

2. Conditions for Appeal No appeal allowed unless:
decision.

No appeal if the order gives effect to an agreement between parti

es.

Employers must attach a certificate confirming the deposit of the

payable amount with the competent authority.

The appeal must be filed within: -- Sixty days from the date of the order.

Section 5 of the Limitation Act 7963, applies to appeals under this

section.

9 Monica
Scan 10 learn about the All-10-0ne AI Office Assistant