Background
The Employee’s Compensation Act, 1923 (formerly Workmen’s Compensation Act), is a social security legislation aimed at providing financial protection to employees and their dependents in case of workplace accidents, injuries, or occupational diseases. In Haryana, this law is enforced with clear provisions specifying employer liability, compensation amounts, and procedures in the event of work-related mishaps. The Act reflects the principle that employees who suffer harm during the course of employment should be duly compensated by their employer, regardless of fault in most cases. The Workmen’s Compensation Rules, 1924 provide detail procedural obligations for employers to ensure injured employees or their dependents receive due compensation for workplace-related injuries or fatalities. The rules outline forms, timelines, responsibilities, and penalty clauses for defaulting employers.
Applicability
These rules are applicable to all the employers which includes any body of persons whether incorporated or not and any managing agent of an employer and the legal representative of a deceased employer and when the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship means such other person while the workman is working for him as defined under the Employee’s Compensation Act, 1923
Compliance requirements under the Act
If personal injury is caused to an employee by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the Act except where:
a) injury does not lead to total / partial disablement for a period exceeding 3 days
b) injury does not lead to death / permanent total disablement and caused:
Employer” includes anybody of persons whether incorporated or not and any managing agent of an employer and the legal representative of a deceased employer, and, when the services of a employee are temporarily lent or let on hire to another person by the person with whom the employee has entered into a contract of service or apprenticeship, means such other person while the employee is working for him. Contracting of any disease during the course of employment as specified in Part A, B and C of Schedule III will also be deemed to be an injury by accident as per provisions specified in Section 3(2) of the Employee Compensation Act, 1923.
Amount of compensation where permanent total disablement results from the injury shall be an amount equal to sixty per cent of the monthly wages of the injured employee multiplied by the relevant factor or an amount of one lakh and forty thousand rupees, whichever is more.
Government may enhance the amount from time-to-time. “Relevant factor” in relation to employee means the factor specified in the second column of Schedule IV against the entry in the first column of that Schedule specifying the number of years which are the same as the completed years of the age of the employee on his last birthday immediately preceding the date on which the compensation fell due.
Amount of compensation where permanent partial disablement results from the injury in the case of an injury specified in Part II of Schedule I, such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earning capacity caused by that injury.
Where more injuries than one are caused by the same accident, the amount of compensation payable under this head shall be aggregated but not so in any case as to exceed the amount which would have been payable if permanent total disablement had resulted from the injuries.
Amount of compensation where permanent partial disablement results from the injury in the case of an injury not specified in Schedule I, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (as assessed by the qualified medical practitioner) permanently caused by the injury.
Where more injuries than one are caused by the same accident, the amount of compensation payable under this head shall be aggregated but not so in any case as to exceed the amount which would have been payable if permanent total disablement had resulted from the injuries.
In assessing the loss of earning capacity, the qualified medical practitioner shall have due regard to the percentages of loss of earning capacity in relation to different injuries specified in Schedule I.
Amount of compensation where temporary disablement, whether total or partial, results from the injury, is a half-monthly payment of the sum equivalent to 25% of monthly wages of the employee, to be paid on the sixteenth day:
(i) from the date of disablement where such disablement lasts for a period of 28 days or more, or
(ii) after a waiting period of 3 days from the date of disablement where such disablement lasts for a period of less than 28 days; and thereafter half-monthly during the disablement or during a period of five years, whichever is shorter.
Provided that—
(a) There shall be deducted from any lump sum or half-monthly payments to which the employee is entitled, the amount of any payment or allowance received from the employer during the disablement period. Medical treatment amounts are not counted as compensation.
(b) No half-monthly payment shall exceed half the amount of monthly wages prior to the accident compared to wages earned after the accident.
On ceasing of disablement before the due date of any half-monthly payment, a proportionate sum shall be paid for that half-month.
Government may enhance the amount from time to time.
An employer depositing compensation with the Commissioner in respect of a workman whose injury has resulted in death shall furnish therewith a statement in Form A, and shall be given a receipt in Form B.
An employer depositing compensation to a woman or a person under a legal disability shall furnish a statement in Form AA and shall be given a receipt in Form B.
When depositing compensation in respect of fatal accidents,if the employer indicates in the statement that he desires to be made a party to the distribution proceedings, the Commissioner shall before allotting the sum deposited as compensation, afford to the employer an opportunity of establishing that the person to whom he proposes to allot such sum is not a dependant of the deceased workman or, as the case may be, ‘that no one of such persons is a dependant.
The statement of disbursements to be furnished on application by the employer under sub-section (4) of section 8, shall be in Form C.
An employer depositing compensation for non-fatal accident, other than to a woman or person under legal disability, shall furnish therewith a statement in Form D to the Commissioner and shall be given a receipt in Form E.
Compensation not to be assigned, attached or charged in Haryana (Section 9)
Save as provided by this Act no lump sum or half-monthly payment payable under this Act shall in any way be capable of being assigned or charged or be liable to attachment or pass to any person other than the employee by operation of law nor shall any claim be set off against the same.
Where notice is required to be given to any authority, by or on behalf of an employer, of any accident occurring on his premises which results in death or serious bodily injury, the person required to give the notice shall, within seven days of the death or serious bodily injury, send a report to the Commissioner giving the circumstances attending the death or serious bodily injury in Form EE. “Serious bodily injury” means an injury which involves, or in all probability will involve the permanent loss of the use of, or permanent injury to, any limb, or the permanent loss of or injury to the sight or hearing, or the fracture of any limb, or the enforced absence of the injured person from work for a period exceeding twenty days
An workman who is in receipt of a half-monthly payment shall not be required to submit himself for medical examination elsewhere than at the place where he is residing for the time being more than twice in the first month following the accident or more than once in any subsequent month.
Examination of women in Haryana (Rule 18)
(1) The female worker shall be examined as far as possible by a qualified female medical practitioner and in case of non-availability of a female qualified medical practitioner, she shall be examined in the presence of another female by a male qualified medical practitioner.
(2) No woman shall be required to be medically examined by a male practitioner if she deposits a sum sufficient to cover the expenses of examination by a female practitioner.
Compensation in case of contract employees in Haryana (Section 12(1))
Where the employer keeps contract employees for his work, he would be liable to pay compensation as if that contract employee had been immediately employed by him. An employee cannot be prevented from recovering compensation from the contractor instead of the principal. This provision does not apply if the accident occurred elsewhere than on, in, or about the premises under the principal’s control or management.
Indemnification of Principal / Contractor (Section 12(2))
Where the principal is liable to pay compensation under this section, he shall be entitled to be indemnified by the contractor or any person from whom the employee could have recovered compensation. If a contractor is also a principal, he shall be entitled to indemnification by another contractor in relation. All disputes regarding indemnity shall be settled by the Commissioner in absence of agreement. An employee cannot be prevented from claiming compensation from the contractor. This provision excludes accidents occurring outside the premises under the control of the principal.
Duty of employer to inform employee of his rights in Haryana (Section 17A)
Every employer shall inform the employee, at the time of employment, about his rights to compensation under this Act in writing as well as through electronic means, in English or Hindi or the local language understood by the employee.
Registration of Agreements in Haryana (Section 28, Rule 48)
Where the amount of any lump sum compensation has been settled by agreement—whether as redemption of half-monthly payments or in cases involving women or persons under legal disability—a memorandum of the agreement in duplicate shall be submitted by the employer to the Commissioner using Form K, L, or M.
Form HH: Display of abstract of the Act by the employers in Haryana (Rule 54)
A notice containing the abstract of the Act must be displayed in Hindi and Punjabi at a conspicuous place in the employer’s premises and maintained in a clean and legible condition. The notice must be in Form HH.
Maintenance of Notice Book in Haryana (Section 10(3))
Employers from specified classes must maintain a notice-book at their premises in the prescribed form. This book should be accessible at reasonable times to any injured employee and any person acting on their behalf.
Statement regarding fatal accidents in Haryana (Section 10A(1))
If the Commissioner receives information about an employee’s death due to an employment-related accident, he may serve a notice to the employer requiring submission of a detailed statement within thirty days. This statement must describe the circumstances of death and state whether the employer accepts liability to deposit compensation.
Penalties & Punishments
U/s 18A: Whoever fails to inform the employee of his rights to compensation as required under section 17A shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to one lakh rupees.
U/s 29: Where a memorandum of any agreement the registration of which is required by section 28, is not sent to the Commissioner as required by that section, the employer shall be liable to pay the full amount of compensation which he is liable to pay under the provisions of this Act, and notwithstanding an thing contained in the proviso to sub-section (1) of section 4, shall not, unless the Commissioner otherwise directs, be entitled to deduct more than half of any amount paid to the employee by way of compensation whether under the agreement or otherwise.
Conclusion
The Employee’s Compensation framework in Haryana ensures the welfare of workers by mandating timely financial relief in cases of injury, disablement, or death during employment. It encourages workplace accountability while providing employees with a legal route for redress. Compliance with these provisions is not only a statutory obligation for employers but also a critical component of ethical labor practices. A clear understanding and implementation of the Act help minimize disputes and promote a safer, more secure work environment.
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