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Section 81: Medical examination of worker

The Code on Social Security, 2020 (Act No. 36 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter VII: Employee's Compensation
Competent Labour Forum
Act No. 36 of 2020
Section 80 All 163 Sections of Code on Social Security, 2020 Section 82

Legal Commentary & Landmark Judgments: Section 81

Section 81 of the Code governs the medical examination of an employee who has given notice of an accident, requiring the employee to submit to free medical examination by a qualified medical practitioner provided by the employer.

  • Statutory Right of Employer to Medical Examination: Entitles the employer to offer a free medical examination by a qualified physician within three days of receiving notice of an accident.
  • Employee Reciprocal Duty to Cooperate: Obligates the worker to submit to medical examination; provides that unreasonable refusal or obstruction suspends the right to compensation during the period of refusal.
  • Safeguards for Female Workers: Directs that a female worker shall not be subjected to medical examination except by or in the presence of a female medical practitioner or nurse.
Key Landmark Precedents:
  • Mackinnon Mackenzie & Co. v. I.M. Issak (1969) 2 SCC 607: Supreme Court held that objective medical evaluation is essential to establish the true extent of bodily trauma and occupational causation.
  • Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42: Affirmed that medical examinations under labor codes must be conducted with dignity, professionalism, and gender sensitivity.
  • Regional Director, E.S.I.C. v. Francis De Costa (1996) 6 SCC 1: Affirmed that medical examination reports provide the primary scientific basis for disability rating in compensation adjudication.
Courtroom Practice & Strategic Litigation Guidance:

When a worker reports an on-duty injury, immediately issue a written letter directing them to an empaneled occupational health clinic for evaluation, offering company transport. If the worker refuses, record the refusal in writing to invoke the suspension provisions of Section 81.

Section 80 All 163 Sections of Code on Social Security, 2020 Section 82