Compensation In Case Of Occupational Diseases under the Workmen’s Compensation Laws
Certain occupations are risky by nature- and the workmen at these jobs subject themselves to the risk of contracting very specific occupational diseases.
When a workman contracts an occupational disease, it is understood that he has suffered from an accident during the course of his job, and is as such liable to receive compensation from the employer.
Parts A, B and C - schedule 3 of the workmen’s compensation laws deal with occupational diseases. The laws stipulate that the employer is bound to pay compensation under the following conditions.
- A workman has the right to receive compensation when he suffers from an occupational disease and he has been under the employment of an employer for a period of 6 months or more. This law is not applicable if the workman has been employed under 2 or more separate employers, even if the work has been the same.
- The employer is also liable to pay compensation if the workman contracts a disease under Part C. It is assumed that the worker has been in employment for a specific period of time. If the worker has been employed under more than one employer, he will receive a proportionate compensation from each of these employers.
- Further, if the workman acquires an occupational disease under Parts B or C even after he has stopped working at the said job, he will receive a compensation for the same. Of course, the disease should be one that is understood to have been caused by his employment at the job. Under such conditions, it is assumed that the disease is an accidental injury to the workman and hence he may claim compensation.
Workmen Compensation Laws in India