The Kashmir Pulse

Employees or workers working in construction, manufacturing and other industries are highly prone to workplace accidents. These accidents can result from sheer negligence, operational errors, machinery faults, etc.

However, in any of these cases, providing a quick medical response to injured employees is necessary. This not only helps employees access quality medical treatment but also streamlines the workmen's compensation insurance claims process. In this guide, we will understand how delayed emergency responses affect workmen's compensation claims.

Understanding Delayed Emergency Response

Delayed emergency response refers to a situation where help during a medical emergency is delayed for the injured person for any reason. After a workplace accident, medical help or a first responder team needs to arrive on scene within a stipulated time.

However, medical help is often delayed due to traffic congestion, employer delays and other factors. This can worsen the injured employee’s health.

This not only complicates the claims process for business insurance, such as workers' compensation, but also adds to the operational and financial burden on employers.

Consequences of Delayed Emergency Response in Workmen Compensation Insurance

There are various consequences of delayed emergency response in workmen compensation insurance.

Financial Burden

One of the consequences of delayed emergency response in workmen compensation insurance is financial burden on employers. Employers need to pay injured employees' medical bills and other expenses out of their own pockets.

Claim Delays or Disputes

If employers fail to provide timely medical attention or do not follow the required reporting procedures, it may lead to claim disputes, prolonged investigations, or delays in claim settlement. In some cases, it may also lead to a claim being rejected or denied.

Legal Penalties

Employers have a legal obligation to provide timely medical attention and care to injured employees. Failure to do so may result in legal penalties for the employer under applicable labour laws.

Employee Dissatisfaction

Delayed emergency response can also reduce employees' trust in organisations to ensure workplace safety. This lowers employee morale, increasing dissatisfaction and further affecting employee efficiency.

Steps to File Workers' Compensation Claim After Emergency Response

Filing a workers' compensation claim on time is crucial to a successful claim. Here are the steps you need to follow to file the workmen compensation insurance claim.

Step 1: Get Medical Attention

After an accident, the first thing employers need to do is call medical help or the emergency number. Getting prompt medical treatment for injured employees is crucial.

Step 2: Inform Insurance Provider

Once the injured employee is taken to the hospital, employers need to inform the insurance provider of the workplace accident or incident.

Step 3: Complete Claim Form

Injured employees or their relatives need to complete the workers' compensation claim form correctly. Provide all the necessary information about the accident in the form.

Step 4: Submit Documents

Employers need to submit the claim form and other relevant documents to the insurance provider. Ensure all the submitted documents are correct.

Step 5: Wait for Claim Review

After the claim is submitted, the insurance provider will review the claim form and other documents in accordance with the policy conditions. They may also review the surveyor report.

Step 6: Claim Settlement

Upon claim approval, the compensation amount will be settled in accordance with the policy terms and applicable legal provisions.

Protect Workers with TATA AIG Workmen Compensation Insurance

Providing timely emergency medical assistance is one of an employer's key responsibilities after a workplace accident. Delays in responding to an emergency can worsen an employee's injuries, increase medical expenses, and complicate the workers' compensation claim process.

By investing in TATA AIG workmen's compensation insurance, businesses can protect their employees against work-related injuries. With strong claim assistance, timely response, a variety of add-ons, etc, their plan keeps your workforce protected all the time.

SRINAGAR — The Jammu and Kashmir government is working on a Media Policy to regulate social media platforms and frame fresh guidelines for journalists, Minister for Health and Medical Education Sakina Itoo told the Legislative Assembly on Wednesday, amid a debate among legislators over the regulation of digital platforms and the role of the media.

Itoo said the Information Department would soon launch the policy for regulating social media. She said a committee had already been constituted to frame the policy and had sought four months to complete the exercise, working in coordination with the Information Department.

She assured the House that the policy would be framed within that four-month period and would provide fresh guidelines for journalists and the media sector.

Minister's remarks on media's role

"We are incomplete without media," Itoo said, stressing the role of the press in the functioning of the government and democratic institutions.

She said, however, that politicians could not hold the media solely responsible for the problems arising from social media. "We too are responsible for the social media mess. We cannot blame the media for everything. We too have set social media reel makers," she said.

Drawing a comparison with Doordarshan, Itoo recalled a time when people would wait to see their news broadcast on the public broadcaster. "Everyone used to be excited to get our news run," she said, adding that the situation had changed with the growth of social media.

She expressed concern over what she described as the misuse of the dignity of public representatives, saying, "We politicians are more responsible for the mess."

Reference to MLA's alleged social media page

Itoo also referred to what she described as an instance involving an MLA, saying the legislator was allegedly running a social media page in the name of a domestic worker. She said some of the content being uploaded on the page was "quite uncomfortable," making the point that public representatives also needed to examine their own conduct on social media.

She also appealed to Speaker Abdul Rahim Rather to consider restricting the use of mobile phones inside the Assembly, saying allowing phones inside the House could contribute to the recording and circulation of proceedings and content on social media.

Broader debate in the House

The minister backed calls from other legislators for action against what they described as unregulated social media platforms. MLA Altaf Ahmad also appealed to the Speaker to consider measures against the circulation of videos and other content from the Assembly without authorisation.

Speaker Rather said the press had an important role in a democratic system but warned that the government could intervene if media organisations failed to fulfil their responsibilities.

"Press has an important role. If they fail to fulfil their responsibility, the government will act," he said, calling for a comprehensive legal framework to regulate the sector so that journalists working professionally and according to established norms could perform their role, while action could be taken against elements operating outside the media framework.

NC legislator Nazir Ahmad Gurezi said the media was essential for the functioning of the government and legislature but stressed the need for professional standards. "Press plays an important role and we cannot work without them. But there should be a proper law so that every journalist can work professionally with proper ethics," Gurezi said.

MLA Pulwama, Waheed-ur-Rehman Para, however, cautioned against attempts to control social media, saying the digital space could not be completely regulated. "We are living in a digital era. Nobody can control social media, and we cannot blame media for everything. It is our responsibility too," Para said.

MLA Nizam-ud-Din Bhat said existing laws were sufficient to deal with many of the concerns being raised, while acknowledging that the digital environment posed new challenges. "There are enough laws to regulate things. No doubt there are challenges, but they can be addressed," Bhat said.

The discussion saw legislators differ on the extent to which social media should be regulated, with some calling for stronger legal provisions and others stressing professional responsibility and the limitations of controlling digital platforms.

The government's proposed Media Policy is expected to provide a framework for dealing with social media and other digital media-related issues in Jammu and Kashmir.

SRINAGAR — The Jammu and Kashmir Government on Tuesday declined to disclose details of Cabinet recommendations on reservation or queries raised by the Union Government, citing provisions governing confidential matters under the Rules of Procedure and Conduct of Business in the Legislative Assembly.

In a written reply to a question raised by Handwara MLA Sajjad Gani Lone, the Minister-in-charge, Social Welfare, said the Cabinet recommendations had already been submitted to the competent authority but could not be disclosed in the House, according to the news agency KNO.

“The recommendations have been submitted to the competent authority. However, in terms of Business Rule 38 of Procedure and Conduct of Business in the Jammu and Kashmir Legislative Assembly, particularly clause (xxi), the present information sought by the Hon’ble Member being secret in nature, relating to the decision and proceedings of the Cabinet, cannot be provided,” the reply stated.

Asked separately about queries raised by the Centre on the reservation report, the government reiterated the same position, invoking Rule 38, clause (xxi), which restricts questions seeking information on matters considered secret, including Cabinet decisions, proceedings and certain advice where disclosure is barred.

The government’s response comes after a Cabinet Sub-Committee examined the existing reservation structure and submitted its recommendations.

In a separate Assembly reply last week, the government said the recommendations had been approved by the Council of Ministers and forwarded to the competent authority for consideration.

No proposal to relax EWS criteria

The government also informed the Assembly that there was currently no proposal to relax the eligibility criteria for the Economically Weaker Sections (EWS) category, including the prescribed asset-based conditions.

The position was conveyed in response to questions concerning the existing reservation framework and the possibility of changes to EWS eligibility.

The Social Welfare Department has said EWS eligibility is governed by the J&K Reservation Rules read with SRO 518 of 2019, and that the existing income and asset conditions continue to apply.

The department has also clarified that possession of a Priority Household (PHH) ration card by itself does not replace the prescribed income and asset criteria for determining EWS eligibility.

Proportional representation linked to Census data

On whether the government intended to provide proportionate representation among reservation categories, including Open Merit, based on population figures after publication of the 2027 Census data, the minister said the issue would be examined in accordance with applicable legal provisions.

“The issue shall be considered as and when the publication of Census-2027 data becomes available to the Government,” the reply stated.

The government has therefore not disclosed the contents of the reservation recommendations or the Centre’s queries, while indicating that changes to EWS criteria are not currently under consideration and that any examination of representation based on population data will take place after the relevant Census data becomes available.