If you are already covering your workers under ESI then the workmen compensation policy is not applicable. The compensation and treatment cost of the disease will be as per ESI policy.
For those cases where the workers are only covered under the Workmen compensation policy, you can read further.
Workmen’s Compensation policy covers any worker who sustains a personal injury by accident or disease arising out of and in the course of his employment by the Insured in the Business.
The Employer shall be liable to pay compensation for such injury either under: The Workmen Compensation Law(s) or at Common Law.
Under the Workmen Compensation law, the onus of proving that the disease is not contradicted during the course of employment is on the Employer.
Some Insurers offer the Occupational disease cover as an optional extension in the policy. Hence the first thing you need to do is to check if your workmen compensation policy is extended to cover this Occupational disease clause.
Workman Compensation policy list certain diseases as per schedule 3 of the Workmen compensation act. In this, it is very clear that the law covers COVID 19 for health care workers. But is not specifically said for other workers.
In fact, some insurers have specifically mentioned that Infectious diseases are excluded in the policy.
There is a high probability that the labor commissioner may award compensation in favor of workers under the WC Act. But it is not clear whether the insurer will cover this in the policy coverage.
Hence it is wise to take a clarification from the insurer about the validity of corona disease under this policy and then take appropriate policy coverage if required.
Many insurers are offering various policies covering Corona at very attractive premiums.
SCHEDULE III
List of Occupational Diseases
Infectious and parasitic diseases contracted in an occupation where there is a particular risk of contamination
(a)All work involving exposure to health or laboratory work;
(b) All work involving exposure to veterinary work
(c) Work relating to handling animals, animal carcasses or merchandise which may have been contaminated by animals or animal carcasses;
(d) Other work carrying a particular risk of contamination
Disease caused by work in compressed air All work involving exposure to the risk concerned
3. Diseases caused by lead or its toxic compounds All work involving exposure to the risk concerned
4. Poisoning by nitrous fumes All work involving exposure to the risk concerned
5. Poisoning by organophosphorus compounds All work involving exposure to the risk concerned
PART B
1. Diseases caused by phosphorus or its toxic compounds All work involving exposure to the risk concerned
2. Diseases caused by mercury or its toxic compounds All work involving exposure to the risk concerned
3. Diseases caused by benzene or its toxic homologs All work involving exposure to the risk concerned
4. Diseases caused by nitro and amino toxic derivatives of benzene or its homologous All work involving exposure to the risk concerned.
