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Step 2.9 Accident Benefits

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What are accident related benefits under BoCW?

The Accident Benefit provides financial assistance to registered construction workers who experience unforeseen and sudden events leading to death or permanent, total, or partial disablement.

  1. When a registered construction worker experiences an accident during their employment, the employer is obliged to provide compensation as per the Employee's Compensation Act, 1923.

  2. The Secretary or an authorized representative may grant compensation as follows: 50% in a Fixed Deposit in a National Bank and 50% through an account payee cheque or Direct Benefit Transfer (DBT).

  3. The compensation amounts are as follows:

    1. Rs. 5 Lakh to the nominee in the event of death,

    2. Rs. 2 Lakh for permanent total disablement, and

    3. Rs. 1 Lakh for permanent partial disablement, proportionate to the degree of disablement as defined by the Employee's Compensation Act, 1923.

When are benefits from the accident scheme not provided?

Benefits will not be given under the following cases: 

  1. Natural Death
  2. payment of compensation in Respect of Death or injury as a consequence of resulting from-
    1. Committing or attempting suicide, Intentional self-injury;
    2. whilst under the influence of intoxicating liquor or drugs;
    3. Committing any breach of law with the criminal intent;
    4. Pregnancy during childbirth, miscarriage, abortion or complication arising there from;
    5. curative treatments or interventions;
    6. venereal or sexually transmitted diseases;
    7. HIV or related illness;
    8. Any attempted crime on the body

What type of documents are required for application?

  1. Photocopy of ID card attested by gazette officer
  2. Photocopy of bank passbook Beneficiary or Nominee's in case of beneficiary’s death
  3. Beneficiary/original Identity card, Issued by the board.
  4. Respective application shall be made in Form XXI or XXI-B
  5. Death Certificate (in case of death due to accident)
  6. Postmortem report
  7. Any Photo ID proof of Nominee 
  8. FIR copy
  9. Medical report
  10. Employer Certificate
  11. Form XXI-A (This document has to be filled by the employer and uploaded)
  12. Application shall be submitted within one year of accident
  13. Subscription certificate by SLI/LI

Key aspects related to Accident benefit schemes.

Benefits

Amount (Rs.)

Frequency

Applies to

Contribution by worker (Rs.)

Time specified (days)

Time taken (days)

Fee specified (Rs.)

Money spent (Rs.)

Timeline for submission
Accident benefits

5 lakhs

2 lakhs

1 lakh

 One-time Nominee/ Worker           Within 1 year of accident

What is the procedure to apply?

  1. Claim Process:
    • Every eligible registered construction worker or their nominee, as stipulated in sub-rule (2), is required to submit an application to the Board using [Form XXI]. 
    • This application should include a medical disability certificate issued by a government hospital doctor or a recognized hospital doctor who treated the applicant.
    •  The medical certificate should clearly indicate the percentage of permanent disablement or partial disablement resulting from the accident, along with the age of the applicant at the time of the accident.
    • Note: If a construction worker is eligible for accident benefit under sub-rule (1) and (2), they must also provide a certificate [in Form XXI-A] from their employer as proof of the accident, or an FIR (First Information Report) and post-mortem report in case of death.
    • The Secretary or another authorized officer designated by the Board will review each application for accident benefit, and they may either accept or reject the claim.
    • Important: Before rejecting a claim for accident benefit, the Secretary or the authorized officer must provide the applicant with a reasonable opportunity to make their representation.  
  2. Verification process:
    • The initial step involves the submission of the applicant's application.
      Subsequently, the application undergoes a comprehensive process of processing and verification, which is carried out by a Senior/Labour Inspector.
    • Following this meticulous review, the application advances to the next stage, where it is carefully examined and ultimately approved by the Assistant Labour Commissioner.  
  3. Compensation Disbursement:
    • The Secretary or another authorized officer may allocate compensation as follows: 50% in a Fixed Deposit in a National Bank and 50% through an account payee cheque or Direct Benefit Transfer (DBT). The compensation amounts are as follows: Rs. 5 Lakh to the nominee in the event of death, Rs. 2 Lakh for permanent total disablement, and Rs. 1 Lakh for permanent partial disablement, in proportion to the degree of disablement as defined in the Employee's Compensation Act, 1923.

Why do construction workers often encounter difficulties in receiving accident benefits?

    Eligibility Conditions:

    • Labor must be registered as a construction worker to qualify for the scheme.

    Document Requirements:

    • A photocopy of the ID card attested by a gazette officer is necessary.
    • In the unfortunate event of a worker's death due to an accident, both the death certificate and the post-mortem report are required.
    • An FIR (First Information Report) copy is mandatory, even for minor accidents.
    • Medical reports need to be provided.
    • Form XXI-A, which must be completed by the employer and uploaded, is a scheme-related document.

    On-ground implementation issues

    • FIR is essential, even in cases of minor accidents.
    • In certain situations, FIR may not be filed for fatalities resulting from a tree fall or a collision involving a BMTC bus.
    • It's important to note that during accidents, workers are typically sent to the nearest hospital for treatment. However, the KBOCW (Karnataka Building and Other Construction Workers) scheme requires treatment to be received at an affiliated hospital for eligibility.

    Worker/ behavioral issues

    • A significant challenge is the lack of awareness among many construction workers about their entitlement to accident benefits.
    • Claims delayed beyond six months are not in accordance with the regulations. Verification errors can result in outright rejection without an opportunity for resubmission.
    • The department often requests FIR and postpartum reports for claims, but most workers do not pursue FIR or reports for documentation, posing an additional challenge in accessing the benefits.

    Questions and scenarios for discussion

    1. Do doctors ask for bribes?
    2. Can benefits under this be availed along with benefits under UDID card?
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