A Study on Occupational Disease and Remedies under Labour Legislations

Abstract

This paper explores the persistent challenges faced by Indian workers suffering from occupational diseases in accessing compensation under the Employees’ Compensation Act, 1923. Despite its historical significance as one of the earliest social security legislations, the Act has not evolved to accommodate the changing nature of occupational hazards in modern industries. The outdated Schedule III excludes many contemporary diseases such as mental health disorders, repetitive strain injuries, and conditions linked to prolonged exposure to technology or chemicals. The paper highlights the burden of proof unfairly placed on victims, limited awareness among workers—especially in the informal sector—and systemic procedural hurdles. A comparative international analysis underscores India’s lag in recognizing emerging occupational diseases, especially when contrasted with adaptive frameworks like ILO Convention No. 121 and EU Directives. Further, the paper examines gaps in national enforcement, underreporting in occupational health statistics, and the inadequacy of compensation. It concludes by advocating for a dynamic and inclusive legislative overhaul, strengthened data systems, wider coverage for informal workers, and better awareness mechanisms. The study emphasizes the constitutional and human rights imperative to provide just, humane, and safe working conditions for all Indian workers.