Workmen’s Compensation Act, 1923,Bangladesh

Occupational hazards pose significant risks across various industries, leading to injuries, disabilities, and even fatalities. Ensuring the safety and financial security of workers is a fundamental responsibility of employers and governments. Laws such as the Workmen’s Compensation Act, 1923, and the Bangladesh Labour Act, 2006 (amended in 2015) establish crucial frameworks for worker protection, compensation, and rehabilitation. This blog provides an in-depth analysis of these laws, their provisions, and how they support workers and their families.

Workmen’s Compensation Act, 1923

The Workmen’s Compensation Act, 1923, offers financial protection to workers who suffer from occupational diseases or workplace injuries. This act ensures that workers receive fair compensation when accidents or health issues arise from their employment. Some key provisions include:

1. Compensation for Occupational Diseases

Workers who contract job-specific diseases qualify for compensation. Examples of occupational diseases include:

• Anthrax (common in animal product handling industries)
• Skin cancer (caused by prolonged exposure to certain chemicals)
• Lead poisoning (common in battery manufacturing and painting industries)

2. Coverage of Medical Expenses

Employers must provide medical treatment, rehabilitation support, and coverage for hospital and surgical expenses. These provisions ensure that injured workers receive proper medical attention without financial burdens.

3. Compensation for Death and Disability

If a worker dies or becomes permanently disabled due to a workplace accident, their dependents receive financial compensation. The act guarantees monetary support for families of deceased workers.

Bangladesh Labour Act, 2006 (Amended 2015)

The Bangladesh Labour Act, 2006, consolidates multiple labor laws into a unified legal framework for worker protection. The final amendment in 2015 further strengthened workers’ rights by ensuring adequate compensation and safety measures.

1. Compensation for Work-Related Accidents

• Workers or their dependents receive compensation for workplace injuries, disabilities, or fatalities.
• The compensation structure ensures that injured workers do not experience financial distress due to lost wages.

2. Protection of Income Security

• The act includes cash benefits to help workers recover lost wages caused by occupational injuries or diseases.
• These provisions aim to maintain the worker’s previous quality of life despite the accident.

3. Medical and Rehabilitation Support

• Employers must cover all medical expenses, including hospital visits, surgical procedures, and rehabilitation.
• Workers with long-term disabilities receive rehabilitation programs to help them return to productive employment.

Types of Disabilities and Compensation

1. Partial Disability

• Temporary Partial Disability: The worker temporarily loses earning capacity due to an injury but can recover.
• Permanent Partial Disability: The worker permanently loses part of their earning capacity due to the injury.

2. Total Disability

• Permanent Total Disability: The worker completely loses their ability to work and earn a livelihood. Compensation in such cases remains significantly higher.

3. Compensation Assessment

• Death Compensation: Dependents of the deceased worker receive Tk. 1,00,000, deposited in the Labour Court.
• Permanent Disability Compensation: Workers suffering from permanent disabilities receive Tk. 1,25,000.
• Temporary Disability Compensation: Compensation is based on lost wages:
  • Full monthly wages for the first two months
  • Two-thirds of monthly wages for the next two months
  • Half of the monthly wages for the remaining months (up to one year)

Employer’s Responsibility and Liability

Employers must: ✔ Provide a safe working environment. ✔ Ensure workers receive protective gear and proper safety training. ✔ Cover all medical expenses for injured workers. ✔ Pay compensation in case of workplace injuries or fatalities.

When Employers Are Not Liable for Compensation

Employers do not need to pay compensation if: ❌ The worker was under the influence of drugs or alcohol at the time of the accident. ❌ The worker ignored or removed safety protocols, leading to the injury.

The Importance of Workplace Safety Laws

The Workmen’s Compensation Act, 1923, and the Bangladesh Labour Act, 2006, have significantly improved worker protection. These laws guarantee financial assistance, medical care, and rehabilitation support in case of workplace hazards. However, enforcing these laws remains essential to ensure compliance. To enhance workplace safety, stakeholders must:

• Strengthen the enforcement of safety regulations.
• Increase awareness among workers about their rights.
• Impose stronger penalties on employers who violate labor laws.

By prioritizing workplace safety and legal compliance, both employers and employees can contribute to a healthier, more secure work environment.

Frequently Asked Questions (FAQs) about Workmen’s Compensation Act

1. What is an occupational disease?

An occupational disease refers to a health condition caused by workplace hazards, such as lead poisoning, lung disease, or radiation exposure.

2. Who qualifies for compensation under the Workmen’s Compensation Act, 1923?

Workers who experience workplace injuries or occupational diseases qualify for compensation. If a worker dies, their dependents receive benefits.

3. How is disability compensation calculated?

• For death: Dependents receive Tk. 1,00,000.
• For permanent disability: Workers receive Tk. 1,25,000.
• For temporary disability: Compensation varies based on the duration of the disability.

4. Can an employer deny compensation?

Yes, an employer can deny compensation if the worker was intoxicated or ignored safety measures at the time of the accident.

5. Where can I learn more about workplace safety laws?

Visit the International Labour Organization (ILO) for global workplace safety standards and further resources.