Compensation under the Bangladesh Labour Act
When will workers be compensated for injuries?
Chapter XII contains provisions related to the payment of compensation to workers for injuries caused by an accident arising out of the course of employment. What is referred to by the term 'course of employment' has not been clarified under the Act but can be generally understood as the duration of performance of work duties. Compensation is payable for death, permanent disablement as well as temporary disablement as defined in the Act and in amounts specified under Section 151 of the Act.
Can workers be entitled to compensation for diseases?
Accidental injury under the BLA also contains injury caused by certain diseases. However, the ambit has been limited to occupational diseases listed under the Third schedule to the Act. In such case, the occupational disease shall be presumed to have been contracted in the course of employment. The Government may add any type of employment and the occupational disease peculiar to that employment in the Schedule. A claim of compensation cannot be brought before the Court without due notice served at the soonest practicable time within two years of the occurrence of the accident.
When will compensation not be paid?
Compensation shall not be payable if it can be proven that the cause of the accident is attributable directly to negligence, willful disobedience or willful disregard of worker of safety requirements.
Can compensation amount be reviewed?
The amount of any monthly payment of compensation may be reviewed by the Labour Court on the basis of an application made by the worker or the employer and a certificate of a registered medical practitioner. Review can also be made on grounds that the amount was determined through fraud or undue influence.
How shall compensation be paid?
Compensations shall be paid by making a deposit to the Labour Court. Any compensation paid directly by an employer shall not be deemed to be a payment of compensation unless the concerned worker nominates any of his heirs to receive the compensation in the event of an injury resulting in his death and the compensation is paid to that nominated heir. No set-off, assignment, attachment, charge or transfer can be made on the compensation amount to any person except the worker other than by operation of law.
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