Compensation in case of death/injury of unorganised construction workers
Compensation in case of death/injury of unorganised construction workers
The Central Government is committed to provide entitled benefits to the building and other construction workers. Compensation is provided to workers/families of the unorganized workers, employed in Building and Other Constructions works, as per the welfare schemes framed and administered by the Building and Other Construction Workers (BOCW) Welfare Board of the States/UTs, where the workers are registered as beneficiary.
The provisions of compensation in case of death/injury of unorganised construction workers are also dealt under the Employees Compensation Act, 1923 and the Employee State Insurance Act, 1948. The enforcement and implementation of employee compensation act lies with workmen compensation commissioner notified by respective state government and the ESI Act, 1948 implement by the Employees’ State Insurance Corporation, which is under the administrative jurisdiction of Ministry of Labour and Employment.
In Central Sphere, the number of accidents, injured, death and compensation provided to the BOC workers, State/UT-wise, for the last five (05) years are attached as Annexure-I.
The Central Government maintains the data in respect of Indian workers, holding Emigration Check Required (ECR) passports and proceeding for overseas employment through e-Migrate portal to 18 ECR countries. In order to ensure welfare of these workers, Government has been effectively implementing Pravasi Bharatiya Bima Yojana (PBBY) as a mandatory insurance scheme. The PBBY scheme provides an insurance cover of 10 lakh in case of accidental death or permanent disability and other benefits, at a nominal insurance premium of INR. 275/- (for two years) or INR. 375/- (for three years). The coverage and benefits under the PBBY are as under:
As per the data available with the Ministry of External Affairs, year-wise number claims settled by the empanelled Insurance Companies under PBBY including claims in respect of unorganized construction workers is given in the table below:
Sr. No.
Financial Year
Number of claims settled
1.
2019-20
37
2.
2020-21
38
3.
2021-22
54
4.
2022-23
26
5.
2023-24 (Till December 2023)
16
* *****
ANNEXURE-I
Number of accidents, injured, death and compensation provided to the BOC workers, State/UT-wise
S. No.
Name of the States
2019-20
No. of Accidents
Injured
Died
Compensation
(in Rs.)
1
Gujarat
9
0
9
6763341
2
Rajasthan
5
7
5
2563798
3
West Bengal
1
1
1
1394580
4
Karnataka
2
0
2
2800000
5
Odisha
0
0
0
0
6
Himachal Pradesh
0
0
0
0
7
Punjab
1
0
1
900000
8
Haryana
0
0
0
0
9
Jammu & Kashmir
0
0
0
0
10
Chandigarh
0
0
0
0
11
Kerala
2
1
1
667280
12
Tamil Nadu
8
3
7
5054249
13
Uttarakhand
1
0
1
0
14
Jharkhand
0
0
0
0
15
Assam, Meghalaya & Mizoram
0
0
0
0
16
Andhra Pradesh
0
0
0
0
17
Telangana
2
10
0
0
18
Madhya Pradesh
2
0
2
1736200
19
Uttarpradesh
2
16
2
0
20
Maharashtra
3
0
3
3486145
21
Delhi
8
12
4
4239024
22
Bihar
3
0
3
1798880
23
Chhattisgarh
6
3
3
3804400
TOTAL
55
53
44
35207897
*Note: Data as received from Office of Chief Labour Commissioner, Ministry of Labour & Employment, Government of India.
Number of accidents, injured, death and compensation provided to the BOC workers, State/UT-wise
S. No.
Name of the States
2020-21
No. of Accidents
Injured
Died
Compensation
(in Rs.)
1
Gujarat
2
0
2
873880/- and 2211/- pension under ESIC Act
2
Rajasthan
3
0
3
352226
3
West Bengal
1
7
4
6623032
4
Karnataka
2
0
2
1802000
5
Odisha
0
0
0
0
6
Himachal Pradesh
5
0
5
3973050
7
Punjab
1
0
1
1593425
8
Haryana
1
0
1
500000
9
Jammu & Kashmir
0
0
0
0
10
Chandigarh
0
0
0
0
11
Kerala
3
1
2
1409160
12
Tamil Nadu
4
NIL
4
3917175
13
Uttarakhand
2
3
3
3881975
14
Jharkhand
0
0
0
0
15
Assam, Meghalaya & Mizoram
0
0
0
0
16
Andhra Pradesh
0
0
0
0
17
Telangana
4
4
0
0
18
Madhya Pradesh
0
0
0
0
19
Uttarpradesh
7
0
6
0
20
Maharashtra
6
0
6
3083500
21
Delhi
5
4
5
7108970
22
Bihar
3
0
3
4723776
23
Chhattisgarh
4
2
2
2980850
TOTAL
53
21
49
44993059
*Note: Data as received from Office of Chief Labour Commissioner, Ministry of Labour & Employment, Government of India.
Number of accidents, injured, death and compensation provided to the BOC workers, State/UT-wise
S. No.
Name of the States
2021-22
No. of Accidents
Injured
Died
Compensation
(in Rs.)
1
Gujarat
9
5
5
11050834
2
Rajasthan
0
0
0
0
3
West Bengal
2
41
6
8350000 paid in 5 cases and remaining one case 1000000 as compensation, 50000 for funeral expenses paid
4
Karnataka
3
0
3
3481000
5
Odisha
0
0
0
0
6
Himachal Pradesh
2
0
4
958181
7
Punjab
0
.
0
0
8
Haryana
0
0
0
0
9
Jammu & Kashmir
0
0
0
0
10
Chandigarh
0
0
0
0
11
Kerala
2
0
4
1465000
12
Tamil Nadu
2
0
1
1638525
13
Uttarakhand
4
172 (Natural calamity due to breakage/burst of glacier at NTPC, Joshimath)
3
5707575
14
Jharkhand
5
0
5
6437850
15
Assam, Meghalaya & Mizoram
2
0
2
4121485
16
Andhra Pradesh
0
0
0
0
17
Telangana
1
1
0
0
18
Madhya Pradesh
0
0
0
0
19
Uttarpradesh
10
0
5
5987837
20
Maharashtra
9
16
14
2019000
21
Delhi
5
9
3
6522802
22
Bihar
9
1
9
10441099
23
Chhattisgarh
5
5
7
4800000
TOTAL
69
250
71
73981188
*Note: Data as received from Office of Chief Labour Commissioner, Ministry of Labour & Employment, Government of India.
Number of accidents, injured, death and compensation provided to the BOC workers, State/UT-wise
S. No.
Name of the States
2022-23
No. of Accidents
Injured
Died
Compensation
(in Rs.)
1
Gujarat
2
0
2
3651778
2
Rajasthan
4
0
4
6269100
3
West Bengal
2
2
4
In two cases claim application submitted under MV Act 1988 funeral benefits of Rs. 25000 provided as per statute ex-gratia paid Rs 14000 in each case andin other two cases paid 720000
4
Karnataka
3
0
3
3133000
5
Odisha
5
0
12
1000000
6
Himachal Pradesh
0
0
0
0
7
Punjab
0
0
0
0
8
Haryana
0
0
0
0
9
Jammu & Kashmir
4
0
4
1400000
10
Chandigarh
0
0
0
0
11
Kerala
1
0
1
750000
12
Tamil Nadu
1
0
1
30000
13
Uttarakhand
9
6
3
6466760
14
Jharkhand
5
3
5
7032967
15
Assam, Meghalaya & Mizoram
8
0
20
19341380
16
Andhra Pradesh
5
0
6
9897875
17
Telangana
1
0
1
3100000
18
Madhya Pradesh
6
4
6
9489294
19
Uttarpradesh
6
0
6
4997140
20
Maharashtra
6
1
5
1983653
21
Delhi
4
3
9
3959082
22
Bihar
8
0
6
12931611
23
Chhattisgarh
1
1
0
16200
TOTAL
81
20
98
96197840
*Note: Data as received from Office of Chief Labour Commissioner, Ministry of Labour & Employment, Government of India.
Number of accidents, injured, death and compensation provided to the BOC workers, State/UT-wise
S. No.
Name of the States
2023-24
No. of Accidents
Injured
Died
Compensation
(in Rs.)
1
Gujarat
10
8
2
4508899
2
Rajasthan
1
0
1
1659840
3
West Bengal
0
0
0
0
4
Karnataka
3
0
3
Rs. 805000. The case is pending under the Employee Compensation Act, 1923
5
Odisha
6
0
6
4580350
6
Himachal Pradesh
0
0
0
0
7
Punjab
0
0
0
0
8
Haryana
1
0
1
75000
9
Jammu & Kashmir
4
0
12
14500000
10
Chandigarh
0
0
0
0
11
Kerala
2
0
2
2039600
12
Tamil Nadu
3
4
4
5843175
13
Uttarakhand
1
1
9
2000000/- paid by employer to each worker and 5000000/- paid to each worker by Court Receiver of the Project
14
Jharkhand
8
0
8
5475000
15
Assam, Meghalaya & Mizoram
5
3
26
13830000
16
Andhra Pradesh
2
0
3
2676825
17
Telangana
1
0
1
1512450
18
Madhya Pradesh
2
0
2
1569450
19
Uttarpradesh
2
0
2
164500
20
Maharashtra
7
0
7
3702845
21
Delhi
2
0
3
4674887
22
Bihar
7
0
7
4344365
23
Chhattisgarh
4
2
2
3105675
TOTAL
71
18
101
138067861
*Note: Data as received from Office of Chief Labour Commissioner, Ministry of Labour & Employment, Government of India.
This information was given by Union Minister of State for Labour and Employment Shri Rameshwar Teli in a written reply in the Rajya Sabha today.
- Maximum sum for which insurance is made under the PBBY: INR 10 lakhs.
- Hospitalization (medical expenses) covering injuries/sickness/ailment/diseases: INR.1,00,000/-(Rs.50,000/-per hospitalization) whether in India/third country or in the country of employment.
- Repatriation covers for medically unfit: Actual one way economy class airfare upto nearest international airport in India.
- Cost of transportation of mortal remains to India in case of death abroad.
- Family hospitalization in India: INR.50,000 per annum during policy period.
- Maternity: INR. 35,000 (normal delivery) or INR. 50,000 (Caesarean Section Operation);
- Attendant: Actual one way economy class air fare upto nearest international airport in India; and
- Legal expenses: INR. 45,000.