Consider loss of internal organs as disability, orders Madras High Court
April 16, 2019
The Madras High Court has ruled that loss of internal organs is a permanent disability, a ruling that will bring with some significant changes.
Until now the Workmen’s Compensation Act only considered loss of external organs as grounds for seeking compensation. This is set to change with the court ordering the government to make necessary amendments to the Employees State Insurance (ESI) Act.
The new order will allow workers to seek compensation in case they lose internal organs or suffer internal injuries.
The ruling has been called a positive step by some as it will protect workers injured on the job.
It will open a new avenue for workers who have suffered internal injuries while at work. However, we will have to wait and see how the government brings about the change by making the necessary amendments. The order will only be effective when all the agencies involved adapt the order and implement it. - Tapan Sen, General Secretary, Centre of Indian Trade Unions
The court ruling came during the course of a hearing into the case of a petitioner named Senthil, an employee of Hindustan National Glass and Industries Limited in Puducherry.
Senthil suffered major damage to one of his kidneys due to an accident in the year 2000, while working at the factory. His kidney was damaged beyond repair and had to be removed. Senthil then applied for compensation under the Workmen’s Compensation Act for the loss of his earning capacity but was denied the claim.
This was due to the fact that the act does not cover injury or damage to internal organs. The claim was also rejected by the Regional Director, Employees State Insurance Corporation (ESIC).
In 2014, Senthil appealed to the ESI court in Puducherry and was awarded Rs 2 lakh as compensation.
The ESIC filed an appeal before the Madras High Court against the order of the ESI Court.
The court has also increased the amount of compensation to Rs 2.15 lakh considering the loss of one kidney a ‘permanent partial disablement’.
“This is a landmark judgment and hopefully one that will be implemented effectively. It will benefit workers who are stuck in difficult situations due to internal injuries" said A K Padmanabhan, former president. Centre of Indian Trade Unions
He also feels that laws are can benefit the people only when they are enforced adequately as implementation of existing laws has been a weak point in our country.
The order will be life changing for millions of workers in India who suffer injuries at work and lose their livelihood. Disability rights groups have welcomed it as well.
“This is a very good judgment given by the court. Since the provision of giving compensation for internal injuries does not exist in law, talking about it and bringing the change is commendable“ said Muralidharan Vishwanath, General Secretary, National Platform for the Rights of the Disabled (NPRD).
Watch in Sign Language
- Trending stories on NewzHook this week!
April 20, 2019
- Parenting Corner - Autism and dental health
April 20, 2019
- #AutismPower - Five takeaways from a run with Varun Sawant by Vineet Saraiwala
April 20, 2019
Read more on Newz Hook
- Accessibility April 17, 2019 Election Commission's PwD App has a welcome update for visually impaired voters
- Headlines April 19, 2019 Second voting phase-Key points
- Events April 18, 2019 Playful Parenting for Happier Urban Families
- Accessibility April 16, 2019 "Court order should set a model for others with mental disabilities", says Bengal MBBS aspirant Tathagata Ghosh
- Events April 18, 2019 Climb With ABBF
- Accessibility April 19, 2019 CBSE to allow visual aids in Class 10 exams from 2020 for students with vision impairments
- Get-hooked April 19, 2019 #GetMoneywise - Financial planning mistakes parents with disabled children typically make
- Headlines April 16, 2019 IPL 2019 - Mumbai beat Bengaluru
- Headlines April 15, 2019 Elections 2019 - Shatrughan Sinha wants to fight PM Modi
- Accessibility April 20, 2019 In a first, residents of a mental health centre in Chennai cast their votes. Here's how it happened
Want to feature your inspiring story or share an event with the disabled community? Write to:
Newz Hook - Accessible News