Do you have an idea what happens if a worker or an employee dies within the premises of his profession due to an injury or an accident? Which Act protects the workers against the hazardous working conditions of certain professions? What procedure should employers follow if such a fatal accident occurs in their institution/place of work/unit/business/factory/industry?
Here we will learn about the full form of EE, which is the central form of EE to report fatal accidents.
This is covered under The Workmen's Compensation Act, 1923, which is a law governing accidental damages paid to workers or their families by a particular group of employers. In 2009, the Workmen's Compensation Act was renamed the Employees Compensation Act due to amendments.
Table of Contents
- All About The Full Form Of EE
- About The Workmen's Compensation Act, 1923
- Applicability Of The Full Form Of EE Under The Workmen's Compensation Act, 1923
- Applicability of Workmen's Compensation Act, 1923
- Inclusions Of The Full Form Of EE
- Name And Address Of The Receiver In The Full Form Of EE
- Date And Place To Be Specified In The Full Form Of EE
- Time Of The Accident
- Place Of The Accident
- How The Deceased Was Employed
- Cause Of The Accident
- Other Relevant Particulars
- Purpose Of The Full Form Of EE
- Conditions Followed While Considering The Full Form Of EE
- Employer's Responsibility For Compensation
- Calculation Of Amount To Be Compensated
- Procedure For Claiming Compensation For Injuries Or Death As Reported Under The Full Form Of EE
- Exceptions From Paying Compensation
- Other Compliance Forms To Be Filled By Employer Besides Full Form Of EE
- How Can Deskera Assist You?
All About The Full Form Of EE
According to the Act, the full form of EE is the central form of EE to report fatal accidents in a working unit. When the employer receives information about an accident, he will have to submit a memorandum of understanding backed by an affidavit to the Secretary at any time, even though no damages have been claimed in connection with the accident.
Be aware of the facts in the Memorandum of Understanding, including the investigation results conducted on the circumstances or causes of the accident.
About The Workmen's Compensation Act, 1923
The Workmen's Compensation Act of 1923 was enacted after workers realized they were at risk of relatively advanced and sophisticated machinery.
Under the Compensation Act of 1884, employers were only responsible for compensating workers in the event of a fatal road accident. In 1885, mines and factory inspectors realized that the fatal accident law was inadequate in response to changing circumstances.
The government created a committee of experts in different fields to enact the Workmen's Compensation Act of 1923. The law has stopped the long process of employers visiting generally expensive courts. Instead, steps were taken to seek simple compensation for injuries received at work.
On 7th August 2009, the law was introduced as the Employees Compensation Act.
Applicability Of The Full Form Of EE Under The Workmen's Compensation Act, 1923
This law applies to employees working in the industry specified by law. The employers will have to fill the full form of EE only under the below-mentioned conditions to report fatal accidents.
The law only protects injuries caused by occupational accidents, but there are exceptions here.
Applicability of Workmen's Compensation Act, 1923
This law applies throughout India. The law includes the following in the definition of a worker:
- Applies to workers working in docks, mines, factories, and other facilities listed in Schedule II of this Act
- Applies to those hired to work in foreign countires, as described in Schedule II of this Act
- Applies to drivers, mechanics, assistants, or workers employed as car crews, captains, or other aircraft crew members
This law is not applicable when it comes to members of the armed forces of Union and Workmen since they are protected under the Employee State Insurance Act.
Sample of the full form of EE, the central form EE to report fatal accidents by the employer:
Inclusions Of The Full Form Of EE
The full form of EE is a report that the employer should submit under Rule 11 of the Workmen's Compensation Act, 1923
The employer needs to fill it in the format is given up, along with the following details:
Name And Address Of The Receiver In The Full Form Of EE
The employer will have to fill the name, designation, and address along with the Pin Code of the receiving authority, generally the Secretary of the law or the group of experts as authorized by the Workmen's Compensation Act, 1923.
Date And Place To Be Specified In The Full Form Of EE
The employer must fill in specific about when and where did the fatal accident take place and at what time.
This is to ascertain if the accident was at the workplace and within the working hours and determine whether the day was a normal working day for the employee.
Time Of The Accident
The employer must retrieve accurate information from other employees or eye-witnesses and note the exact time when the accident took place.
Place Of The Accident
If the accident occurred within the official premises, then the unit, floor, and area the mishap occurred in must be noted in this part of the full form of EE.
How The Deceased Was Employed
This covers the entirety of the situation; what kind of employee the deceased was – full-time/part-time or contractual basis, the details of working conditions, and job role.
If the death happened due to machinery, details about whether the worker was connected or authorized to use it should be noted down in the full form of EE.
Cause Of The Accident
This needs to be elaborately mentioned – was it an accident from the worker's end, a machine malfunctioning, or a failure from the employer's end? These details are important in the full form of EE.
Other Relevant Particulars
The employer should thoroughly investigate the entire matter and the reason and reach the gist of the situation. If there is anything in particular that the employer would like to highlight or mention in the full form of EE, he must do that in this section.
Lastly, a signature and designation of the employer or an authorized signatory/representative should attest to the full form of EE.
Aside from the above details, the employer needs to fill a table with the following details of the employee/list of employees who died in the fatal occurrence:
- Nature of Employment
- Postal Address
Purpose Of The Full Form Of EE
The main goal behind filling the full form of EE is to abide by the enactment of the Workmen's Compensation Act, 1923, which requires employers to pay compensation in the event of an accident. It also ensures that workers can lead a sustainable life after being injured during employment if it is not a fatal accident.
The law sets out the employer's obligations and responsibilities to protect the welfare of workers if they are injured during employment.
However, the Act reserves the right to benefit from employers.
Conditions Followed While Considering The Full Form Of EE
The law has two basic concepts:
- Minimum cost theory
- The theory includes the worker labor costs in the production costs
Various resources are used to run the industry, including capital, machinery, skilled and unskilled workers. In each business field, there is a certain buffer created for failures. Employers maintain a certain amount of money in case of factory failure, machines break down, industrial walls collapse, etc.
So, if the same can be maintained and contained for general accidents within a professional arena, then accidents and the death of humans should also be covered.
The Worker Compensation Act of 1923, or the Employee Compensation Act of 1923, provides workers with social security by compensating for injuries and fatal accidents (reported in the full form of EE) during employment.
Employer's Responsibility For Compensation
Based on the full form of EE, it will be decided how the family of the deceased worker will be compensated. This section deals with how the employers would need to compensate the workers in case of death or accident.
Under Section 3 of the Worker Compensation Act of 1923, the law has made certain guidelines that are related to "employer liability." This section sets the conditions under which the employer needs to pay the employee.
The conditions are as follows:
- When an employee is injured in an accident during employment, the employer needs to pay a certain amount to the employee
- If the injury is an occupational disease listed in Schedule III, Part A, Part B, or Part C of the Workers' Accident Compensation Act, the illness must be by an accidental injury during employment
- In case of the death of the employee (which is reported using the full form of EE), the compensation will be provided by the employer to the family of the deceased or the authorized nominee
Calculation Of Amount To Be Compensated
After filling the full form of EE, the amount of compensation should be handed over to the near and dear ones or immediate family of the deceased.
But who decides the amount to be compensated?
Under Section 4 of the Worker Compensation Act of 1923, the amount that the employer should payout is specified. This amount is as follows:
- If an employee dies: 50% of the employee's monthly salary is multiplied by an appropriate factor. Or 10,000 rupees or 20,000 rupees, whichever is greater
- Permanently or completely incapacitated: an amount equal to 60% of the monthly salary paid to the injured worker, multiplied by an appropriate factor: or an amount of 10,000 rupees, any amount more
- For permanent partial injuries: Part II of Schedule I of the Act deals with such injuries. In such cases, the percentage of compensation paid is determined as the percentage of disability caused by the injury. In any case, if the injury is not listed in Schedule I of the law, the compensation is calculated as a total injury proportional to the loss of income capacity
- Temporary incapacity: Half-monthly payments are equivalent to 25 percent of an employee's monthly salary
- Workers' Accident Compensation Rules changed in 2020: The central government has changed the rules for calculating workers' compensation under The Worker Compensation Act 1923. Before 2020, the basic wages were Rs. 8000/-, which was later increased to Rs. 15000/-
Procedure For Claiming Compensation For Injuries Or Death As Reported Under The Full Form Of EE
To claim compensation:
- Step 1 - Applicants must notify their employer or put a request in the register within a reasonable period in case of an accident. In case of death, the employer must immediately fill out the full form of EE
- Step 2 - The appropriate form in case of accidents should be filled, and in case of death, the full form of EE along with the employee's name and address, including the cause of death and the date of death
- Step 3 – After the full form of EE is properly filled, the employer must submit the claim to the Secretary within two years of the date of the accident. For occupational diseases, the accident at the time of the first onset applies
Exceptions From Paying Compensation
Under the Worker Compensation Act of 1923, an employer must pay compensation to an employee in the event of a fatal accident or an injury during employment.
The employer is not obligated to pay such compensation if partial, complete disability or non-death injury to an employee happens due to an accident for the following reasons:
- At the time of the accident, employees were under the influence of drugs and alcohol
- The employee did not follow the rules or orders explicitly set by the employer for the safety of the employee
- Employees are willing to remove the protective device for their safety
Other Compliance Forms To Be Filled By Employer Besides Full Form Of EE
Other compliance forms that an employer must fill, besides the full form of EE, in case of an accident or an injury to employees are:
Form A - Submitting Compensation for Accidental Death
Employers who submit compensation to the Commissioner for workers who have died due to injury must file a tax return in the specified format.
Form AA - Deposit of Non-Fatal Accident Compensation for Women or Persons with Legal Disabilities
The employer must submit compensation to the Commissioner for the female worker whose injury caused the non-fatal accident due to legal disability.
Form D - deposit for non-fatal accident compensation except for manual workers or persons with legal disabilities
If no compensation has been submitted, the Director will process this application by the procedures set out in Part V of the Workers' Compensation Regulations, thereby providing a statement in the prescribed form.
Form F - Workers may send a claim to the Secretary in the form specified by registered mail or present it to an authorized subordinate on their behalf. If necessary, the application must be duplicated and submitted in the appropriate format and signed by the applicant.
Form G - Relief Order Application
Applicants must send the Compensation Order Application to the Secretary in the specified format. This is also specified after the full form of EE is filled for employees who lost their lives.
Form H - Communication Request
Applicant must submit a communication request to the Secretary in the specified format.
Form K/L/M - The Memorandum of Agreement
The Understanding in the form of an MOA is sent to the Commissioner under Form K or L or M Memorandum of Understanding Section 28, Subsection 1 is duplicated unless otherwise directed by the Agent, and Form K is subject to the circumstances of the case. Or, in some cases, Form L or Form M.
After reviewing the written statement and the results of the parties' investigation, the Secretary decides that the parties have different material de facto or legal views and then asks questions that the correct decision of the case may rest on him.
The Worker Compensation Act of 1923 was created to compensate workers who died or got injured in accidents during the employment process. It guarantees their rights and values as workers are endorsed. Therefore, the employer is obliged to pay compensation to the injured worker who was injured during employment, leading to disability or even death.
The full form of EE is an application that the employer should fill and submit to the Commissioner or Secretary, giving out all relevant details of the accident, cause, means, and the information of the employees who lost their lives in the accident.
How Can Deskera Assist You?
- The full form of EE is an application that employers fill out and submit to the authority giving a clear picture and precise details of how an accident happened at work, along with the details of the workers who died in the accident
- The full form of EE under the Workmen's Compensation Act, 1923 was enacted to provide financial protection to workers in the event of death (though the full form of EE) or an accident that causes serious damage
- The law guarantees that workers' rights are protected in the event of a disability or injury in the event of an occupational accident. Therefore, the employer must ensure the safety and protection of the worker and oblige the employer to pay compensation to the worker who dies or is injured during employment
- The Workmen's Compensation Act, 1923 regulates workers' rights, and the full form of EE provides details of workers and the elaborations of the accident, which decide the amount of compensation to be paid out to the immediate kin of the deceased
- The Workmen's Compensation Act of 1923 aims to ensure that employers comply with all rules and regulations in the workplace and use all safety equipment provided when performing tasks
- The law also provides for the statute of limitations to apprehend employers at a court and the limits of liability they should face, both criminally and finely, for any disaster resulting from the employer's negligence. Therefore, all provisions complete this law in and of itself, covering all aspects necessary for workers