Background
The Rajasthan Workmen’s Compensation Rules, 1960 were framed under the Workmen’s Compensation Act, 1923 (now known as the Employee’s Compensation Act). These rules define the procedures, documentation, and reporting obligations for employers in cases of workplace injuries, fatalities, or disabilities. The objective is to ensure timely and fair compensation to employees or their dependents and streamline employer responsibilities under the Act.
Applicability
These rules apply to every employer and establishment covered under the Employee’s Compensation Act, 1923 within the state of Rajasthan. This includes factories, mines, construction companies, shops, commercial establishments, and any workplace employing individuals who may be exposed to occupational risk.
Compliances under the Rules in accordance with the Act
Any half-monthly payment payable under this Act may be reviewed by the Commissioner upon application by either the employer or the employee. Such application may be accompanied by a medical certificate showing a change in the employee’s condition. Upon review, the payment may be continued, increased, reduced, ended, or converted into a lump sum if the injury is determined to result in permanent disablement.
When an employee’s injury results in death, the employer must deposit compensation and furnish a statement in Form A to the Commissioner. Upon submission, a receipt in Form B is issued. Direct payments to dependents are not considered valid compensation, except for permitted advances up to three months’ wages.
If the accident involves a woman or a legally disabled person, the employer must furnish a statement in Form AA and deposit the compensation with the Commissioner. The employer will be issued Form B as the official receipt. Direct compensation payments to such individuals are invalid.
For non-fatal injuries involving other workers, the employer must deposit the compensation and furnish a statement in Form D. The Commissioner will issue Form E acknowledging receipt of the same.
Employers must submit a Form EE report to the Commissioner within seven days of any accident resulting in death or serious bodily injury. This includes all circumstances of the incident.
Note: “Serious bodily injury” includes permanent loss of use or injury to limbs, sight, hearing, or enforced absence from work for more than twenty days.
An employee receiving half-monthly compensation shall not be required to undergo medical examination more than twice in the first month following the accident and once in any subsequent month, unless otherwise agreed.
A woman cannot be examined by a male medical practitioner without her prior consent. If consent is given, the examination must be in the presence of another woman. If consent is denied, the examination must be performed by a female practitioner at the employer’s cost.
Penalties & Punishments
Conclusion
The Rajasthan Workmen’s Compensation Rules, 1960 outline structured responsibilities for employers in compensating injured or deceased workers. By mandating official forms, timelines, and reporting formats, the rules ensure fair treatment and financial security for affected employees
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