- 29-Apr-2025
- Personal Injury Law
Workers’ compensation laws are designed to protect employees who are injured while performing work-related duties. However, when injuries occur outside of India, questions arise about whether a worker can still file a claim under Indian workers' compensation laws. The eligibility to claim compensation in such cases depends on several factors, such as the nature of the employment, the employer’s jurisdiction, and international agreements regarding labor protection.
If the employer is based in India and the employee is working abroad under their direction, the employee may still be eligible to file a workers' compensation claim in India. The employer's responsibility for ensuring employee safety and compensation typically extends to employees working outside of India, especially if they are still considered under the employer’s contract and supervision.
The worker’s employment contract may stipulate that Indian workers working abroad are still entitled to workers' compensation under Indian laws. In such cases, the employee can claim compensation under the Indian legal framework, even if the injury occurred outside the country.
Workers on overseas assignments or those working for multinational companies may be entitled to workers’ compensation benefits, but the jurisdiction where the claim can be filed depends on the terms of the employment contract and the location of the injury.
If the injury occurred in a country that has its own workers' compensation system, the worker may be required to file a claim within that country. However, if the country lacks a compensation system or the employer operates under Indian jurisdiction, the employee may still pursue a claim in India.
Under the Indian Employees’ Compensation Act, workers who are injured during the course of their employment may be entitled to compensation, even if the injury occurs abroad. The Act applies to employees working for Indian employers, regardless of whether they are physically working in India or another country.
In cases where the injury occurred outside India, the employee may need to prove that the employer’s negligence or duty of care directly contributed to the injury, and that the worker was under the same terms and conditions as those outlined in Indian law. Indian courts may take jurisdiction if the worker is still under Indian employment conditions, even outside the country.
Some countries have bilateral agreements or treaties with India regarding workers' rights and compensation for employees working abroad. If such an agreement exists between India and the host country, the worker may be entitled to compensation under the terms of the treaty, or they may be able to claim compensation under the laws of the host country.
India has signed social security agreements with certain countries that allow workers to claim compensation benefits while working abroad. Under these agreements, the worker may be able to access compensation either under the laws of the host country or through Indian systems, depending on the terms of the agreement.
In some cases, if the worker is unable to file a claim under the laws of the country where the injury occurred, they may still be able to file for compensation under Indian law. However, this depends on the specific circumstances of the injury and whether Indian laws apply to the work being performed.
If the employer has international insurance coverage for their employees, the worker may be able to claim compensation through that insurance, regardless of where the injury occurred.
Workers injured while working outside of India should notify their employer and initiate the claim process as they would for an injury occurring in India. If the employer is an Indian entity, the employee can often file the claim with the Indian workers' compensation board.
Workers who face difficulties in filing claims due to jurisdictional issues or lack of legal clarity may seek legal advice to determine if they can pursue a claim under Indian law or the law of the country where the injury occurred. Lawyers specializing in international employment law or workers' compensation can assist in such cases.
If the injury occurred in a country that has a workers' compensation system, the worker may also be entitled to file for compensation in that country. Workers should consider filing a claim in the foreign country’s system in parallel with pursuing claims under Indian law if applicable.
A worker employed by an Indian multinational company is assigned to a construction project in the Middle East. While working, they suffer a serious injury due to a lack of safety measures.
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