Compliance Requirement under the Rules in accordance with the Act

1. Display of abstract of the Act by the employers in UP (Section 32(2)(o), Rule 5)
   Every employer shall exhibit in his establishment, at a conspicuous place, an abstract of the prescribed provisions of the Act. The abstract must be in English, Hindi (Devanagari Script), and any other regional language understood by the majority of workmen in the establishment. It must be displayed so it can be seen and read by concerned persons, kept up to date, revised whenever necessary, and renewed promptly whenever defaced or illegible.
2. Employer’s liability for compensation in UP (Section 3)

If personal injury is caused to an employee by accident arising out of and in the course of his employment, the employer shall be liable to pay compensation, 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 is caused by:

• • the employee being under the influence of drink/drugs,
  • wilful disobedience to safety orders/rules, or
  • wilful removal/disregard of safety device.
  • Contracting of any disease during the course of employment as specified in Schedule III (Part A, B, C) will also be deemed to be an injury by accident.

3. Compensation where death due to injury in establishment in UP (Section 4(1)(a))

Where death results from the injury, compensation shall be an amount equal to 50% of the monthly wages of the deceased employee multiplied by the relevant factor, or ₹1,20,000, whichever is more. The Government may enhance the amount from time to time. The “relevant factor” refers to the factor specified in Schedule IV against the completed years of age of the employee on his last birthday before the compensation fell due.

4. Compensation where permanent total disablement results from the injury in UP (Section 4(1)(b))

Where permanent total disablement results from the injury, compensation shall be an amount equal to 60% of the monthly wages of the injured employee multiplied by the relevant factor, or ₹1,40,000, whichever is more. The Government may enhance the amount from time to time. The “relevant factor” refers to the factor specified in Schedule IV against the completed years of age of the employee on his last birthday before the compensation fell due.

5. Compensation for permanent partial disablement due to injury specified in Part II Schedule I in UP (Section 4(1)(c)(i))

Where permanent partial disablement results from an injury specified in Part II of Schedule I, compensation shall be such percentage of the compensation payable in the case of permanent total disablement as is specified for that injury as the percentage of the loss of earning capacity caused. If more than one injury is caused by the same accident, the total compensation will be aggregated but not exceed the amount payable for permanent total disablement.

6. Compensation for permanent partial disablement from injury not specified in Schedule I in UP (Section 4(1)(c)(ii))

Where permanent partial disablement results from an injury not specified in Schedule I, compensation shall be 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 a qualified medical practitioner) permanently caused by the injury. When multiple injuries arise from the same accident, compensation shall be aggregated but not exceed the total payable for permanent total disablement.

7. Compensation where temporary disablement (total or partial) results due to injury in UP (Section 4(1)(d))

Where temporary disablement (total or partial) results from the injury, compensation shall be a half-monthly payment equivalent to 25% of the monthly wages of the employee, payable on the 16th day:

• from the date of disablement if it lasts for 28 days or more, or
• after a waiting period of 3 days if it lasts less than 28 days.
  Payments will continue during disablement or for 5 years, whichever is shorter.

8. Reimbursement of medical expenditure in UP (Section 4(2A))
The employee shall be reimbursed the actual medical expenditure incurred by him for treatment of injuries caused during the course of employment.

9. Payment of compensation by employer in UP (Section 4A)
Where an employer does not accept full liability for compensation, he shall make a provisional payment based on the extent of liability accepted. Such payment must be deposited with the Commissioner or paid to the employee, without prejudice to the employee’s right to claim further compensation.

10. Form A: Statement of compensation for fatal accident in UP (Section 8(1), Rule 6(1))
When depositing compensation for an employee whose injury has resulted in death, the employer shall furnish a statement in Form A and will be given a receipt in Form B. Direct payments by an employer are not deemed as compensation. However, advances up to three months’ wages may be made to dependants, which will be adjusted against payable compensation.

         11. Form AA for non-fatal accident of a woman or a person under a legal disability in UP (Section 8(1), Rule 6(1))

When depositing compensation payable to a woman or a person under a legal disability, the employer shall furnish a statement in Form AA and will be given a receipt in Form B. Direct payments by an employer are not deemed as compensation.

12. Form D for non-fatal accident of other than a woman or person under legal disability in UP (Section 8(2), Rule 9)

When depositing compensation for a non-fatal accident involving a person other than a woman or someone under legal disability, the employer shall furnish a statement in Form D to the Commissioner and will be given a receipt in Form E.

13. Form EE: Report of fatal accidents (Section 10B, Rule 11)
    Where notice is required to be given of an accident resulting in death or serious bodily injury, the employer (or authorized person) shall send a report to the Commissioner in Form EE within 7 days. “Serious bodily injury” includes permanent loss of use/injury to limb, sight, or hearing, fracture of any limb, or enforced absence from work exceeding 20 days.
14. Restriction on number of medical examinations of an employee in UP (Section 11, Rule 16)

An employee receiving half-monthly compensation payments cannot be required to undergo medical examination elsewhere than at his residence more than twice in the first month after the accident or more than once in any subsequent month. Examinations after suspension of compensation must occur within 72 hours, unless consent is given for later, and should be at the employer’s premises or a nearby place fixed by the employer.

15. Returns as to compensation (Section 16)

The State Government may, by notification, require every employer (or specified class of employers) to send returns at prescribed times, forms, and authorities, showing the number of injuries for which compensation was paid during the previous year, the amounts paid, and any other particulars directed.

16. Duty of employer to inform employee of his rights in UP (Section 17A)
    Every employer shall, at the time of employment, inform the employee of his rights to compensation under the Act, both in writing and through electronic means, in English, Hindi, or the official language of the area of employment, as may be understood by the employee.
17. Registration of Agreements in UP (Section 28, Rule 48)
    Where the amount of any lump sum compensation has been settled by agreement (including redemption of a half-monthly payment or compensation payable to a woman or person under legal disability), the employer shall send a memorandum in duplicate to the Commissioner in Form K, L, or M, as applicable.