Injured worker entitlements, head by head
Here is what the supplied provisions give you as an injured worker, across seven heads, plus the exact route to complain. Where the law provided here says nothing, the cell says so rather than guessing, and no rupee figure is stated because none appears in the text.
| Head | What you are entitled to | Source or flag |
|---|---|---|
| Wages and timely payment | Wages by your wage-period deadline, so monthly pay by the seventh day of the next month; if the injury ends your job, dues within two working days; only Code-authorised deductions from your pay | COW Section 17, COW Section 18 |
| Hours and overtime | A working day capped at eight hours, with intervals and spread over as the Government notifies. Overtime pay rate not stated in supplied text, so it is rule-set | OSH Section 25 |
| Leave | Not stated in supplied text | Not stated |
| Social security (PF, ESI, gratuity) | Gratuity payable when disablement from an accident or disease ends your job, with the five-year service rule waived. PF and ESI amounts not stated in supplied text | SS Section 53 |
| Safety | Not stated in supplied text | Not stated |
| Injured-worker protection | The five-year gratuity rule does not apply when disablement causes the exit; on a worker's death, gratuity goes to the nominee, or to the heirs if there is no nominee | SS Section 53 |
| Complaint route | Grievance Redressal Committee at establishments with twenty or more workers; file within one year of the cause; committee may decide within thirty days; application form set by rules | IR Section 4 |
Entitlements for an injured worker drawn only from the supplied provisions. Cells marked 'Not stated' do not appear in the provided law. 'Rule-set' means the value is fixed by government rules or notifications, not by the text here. No rupee figures are given because none appear in the supplied provisions.
What your employer must give you
These are the entitlements the supplied provisions give any worker, read here for your situation as someone recovering from a workplace injury. None of them depend on you having a lawyer, and most run on strict clocks.
- Your wages on time. If you are paid monthly, that means by the seventh day of the next month; weekly means the last working day of the week; daily means the end of the shift. [COW Section 17]
- Your full and final dues fast if the injury ends your job. On removal, dismissal, retrenchment, resignation, or closure, wages must reach you within two working days. [COW Section 17]
- Only lawful cuts from your pay. Nothing may be deducted from your wages except what the Code itself allows. [COW Section 18]
- A working day capped at eight hours, with the intervals and spread over that your Government notifies. The overtime pay rate is not in the provisions here; it is set by rules. [OSH Section 25]
- Gratuity if the accident or disease disables you and your job ends, even if you have not completed five years of service. If a worker dies, gratuity goes to the nominee, or to the heirs if no nominee was named. [SS Section 53]
What to do if you are denied
If any of the above is withheld, act while your evidence is fresh. The complaint route below has a one-year door, and a late filing can be refused on time alone.
- Put your claim in writing to your employer and keep a copy. Note the dates, the amounts, and exactly what was refused.
- Keep proof: pay slips, the accident or injury record, your appointment terms, and any medical papers about the disablement.
- If it is not fixed, take the grievance to your workplace Grievance Redressal Committee. You have one year from the day the problem arose. [IR Section 4]
- Do not let the one-year window pass. If your workplace has fewer than twenty workers and has no such committee, ask about the route your state prescribes.
Where to complain: authority, form and time limit
The route named in the supplied law for one worker's individual grievance is the Grievance Redressal Committee. Here is who runs it, when to file, and how the form works.
- Authority: the Grievance Redressal Committee at your workplace. Every industrial establishment with twenty or more workers must have one for individual grievances. [IR Section 4]
- Who can file: any aggrieved worker. The committee has an equal number of employer and worker members, with women represented at least in proportion to women in the workforce. [IR Section 4]
- Time limit to file: within one year from the date the cause of action arose. [IR Section 4]
- Time to decide: the committee may complete its proceedings within thirty days of receiving your application, and it decides by majority. [IR Section 4]
- Form: the application is made in the manner the rules prescribe. The exact form number is not in the supplied text, so use your state's prescribed grievance form.
Where to check your state
Several values on this page are filled in by rules and notifications, and those can differ by state. Confirm your own state's position before you rely on a specific figure.
- For most private establishments the State Government is the appropriate Government that notifies the rules; for railways, mines, major ports, banking, insurance, and central undertakings it is the Central Government. [SS Section 2]
- Your state sets details like the intervals and spread over of the working day, the overtime rate, and the grievance form, and it may set a different wage-payment time limit. [OSH Section 25], [COW Section 17]
- When in doubt, ask your state's labour office which rules and thresholds apply to your workplace.
If the injury disables you: the gratuity you should not lose
This is the one protection in the supplied text aimed squarely at injury, and it is easy to be talked out of by mistake.
- Gratuity is normally payable only after five years of continuous service. That five-year rule is waived when the exit is caused by disablement from an accident or disease. [SS Section 53]
- So if a workplace injury disables you and your employment ends because of it, you can still claim gratuity even with less than five years in. [SS Section 53]
- The rupee amount of that gratuity is set by the code's formula and rules, which are not in the provisions supplied here, so confirm the calculation separately.
- In the worst case, on a worker's death the gratuity is paid to the nominee, or to the heirs if there is no nominee, and a minor's share is protected. [SS Section 53]
Frequently asked questions
I got hurt at work. Does this page tell me my injury compensation amount?
No, and no honest page should invent it. The provisions here give you timely wages, only lawful deductions, an eight-hour day, and gratuity if disablement ends your job. The rupee compensation for a workplace injury and your ESI benefits are set by rules and other parts of the codes not shown here, so confirm those figures with your state labour office.
I have not completed five years. Can I still get gratuity after a disabling injury?
Yes. When your job ends because an accident or disease disabled you, the five-year continuous-service requirement does not apply. That waiver is the key protection for injured workers in this law. [SS Section 53]
My wages were cut after my injury. Is that allowed?
Only deductions the Code authorises may be taken from your wages, so an unexplained cut is likely not allowed. [COW Section 18] And if the injury ends your job, your dues must reach you within two working days. [COW Section 17] Raise it in writing, then take it to the Grievance Redressal Committee if it is not fixed.
Where and by when do I complain?
If your establishment has twenty or more workers, take it to the Grievance Redressal Committee within one year of the cause; the committee may decide within thirty days. [IR Section 4] The application form is set by rules, so use your state's prescribed grievance form.
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