The work-related accident reporting procedures and compensation are governed by the Labour and Employment Act of Bhutan 2007 and its associated regulations. These provisions are designed to protect workers by ensuring that any injuries or illnesses sustained while performing their duties are promptly reported, investigated, and compensated.
Immediate Reporting by the Worker:
If a worker is injured or becomes ill as a result of their work, they are required to immediately report the incident to their employer or supervisor.
In cases where the worker is incapacitated or unable to report the accident, a co-worker or any person aware of the accident should inform the employer.
Employer's Reporting Obligations:
Once an accident or injury is reported, the employer must take the following steps:
Provide or arrange immediate medical assistance for the injured worker.
Notify the Ministry of Industry, Commerce and Employment (MoICE) or the relevant labor authorities within 48 hours of the incident if the accident results in serious injury, disability, or death.
The employer is also responsible for conducting an internal investigation to determine the cause of the accident and whether it was preventable.
Investigation of the Incident:
After the employer’s report, the Ministry of Industry, Commerce and Employment may conduct an investigation, especially in cases of severe injury or fatality, to ensure that the employer is following safety protocols.
The investigation may involve gathering evidence, interviewing witnesses, and assessing safety standards at the workplace.
Accident Report Submission:
Employers must submit a formal accident report to the MoICE, detailing the nature of the injury, the circumstances under which it occurred, and the steps taken to prevent such incidents in the future.
This report becomes part of the official record and may be used for any subsequent claims for compensation.
Record-Keeping:
Employers are required to maintain a log of accidents and injuries, which must be made available for inspection by labor authorities. These records help track workplace safety and ensure compliance with occupational health and safety standards.
Medical Expenses:
Employers are required to cover the full medical costs incurred by the injured worker, including treatment, hospitalization, medication, and rehabilitation, until the worker is medically certified as fit to return to work.
Wages During Sick Leave:
Workers who are injured at work are entitled to their full wages during the period of medical leave as prescribed by a certified medical professional. The employer must continue to pay the worker's wages during the recovery period.
Compensation for Temporary Disability:
If the worker is temporarily unable to work due to the injury, they are entitled to compensation equivalent to two-thirds of their wages during the period of incapacity.
The compensation continues until the worker recovers and is fit to resume work, or until the temporary disability is reclassified as permanent.
Compensation for Permanent Disability:
In cases where the worker suffers a permanent disability (partial or total), they are entitled to a lump-sum compensation based on the degree of disability and their previous wage levels.
The compensation amount is determined by the percentage of disability, with workers who are permanently and totally disabled receiving higher compensation.
Compensation for Death:
If a work-related accident results in the death of a worker, the employer must provide compensation to the deceased worker’s family or dependents.
The compensation for death is typically a lump sum amount equivalent to 60 months’ wages or a certain fixed amount as per the regulations, whichever is higher.
Compensation for Occupational Diseases:
Workers who contract an occupational disease due to unsafe working conditions or prolonged exposure to harmful substances are entitled to similar compensation as those injured in an accident.
Occupational diseases must be recognized as work-related by a medical professional, and compensation includes medical expenses and wages for the recovery period.
Additional Benefits:
Depending on the severity of the injury or disability, workers may also be entitled to rehabilitation services, such as physical therapy or retraining, to help them reintegrate into the workforce.
In some cases, workers may be provided with alternative employment if they are no longer able to perform their previous duties due to their injuries.
Ensure the provision of first-aid and arrange for the injured worker's transport to a medical facility if needed.
Conduct regular risk assessments and take proactive measures to prevent future accidents.
Comply with compensation regulations and facilitate access to insurance coverage (if applicable), ensuring that workers or their families receive the compensation they are entitled to.
Follow all safety protocols and use protective equipment as required.
Immediately report any workplace hazards or unsafe conditions to the employer to help prevent accidents.
In summary, Bhutan's work-related accident reporting procedures prioritize the immediate reporting of injuries and accidents, ensuring that proper medical care is provided. Compensation for injured workers includes coverage for medical expenses, lost wages, and disability or death benefits, ensuring fair treatment and support for workers who suffer work-related injuries or illnesses