Evaluating Optimal Practices in Compensatory Justice for Injured and Deceased Victims in the Workplace: Prospects for Bangladesh

Binota Bose  Britya,

Evaluating Optimal Practices in Compensatory Justice for Injured and Deceased Victims in the Workplace: Prospects for Bangladesh

Abstract:

The purpose of a compensatory mechanism is not to fully return the claimant to their previous State but rather through a monetary amount that, when combined with any residual earning capacity, will likely allow them to sustain themselves without relying on others for support. Compensation regarding workplace accidents is set by the Labour Act 2006. It would be accurate to say that this area of the Labour Act is not investigated and reviewed in the same way as the other areas because, despite years of enforcement and criticism for its apparent failure to uphold Justice, the amendment is not effective and sustainable in the long run and there is no realistic approach which may ensure compensatory Justice, where other countries show progressive realizations in the same field. This paper seeks to examine compensation systems in First World countries (UK, USA, India) to evaluate Bangladesh's mechanism. This study further evaluates the extent of the mechanisms that should be incorporated in Bangladesh and how the progressive approach can be implemented in labor law. This study was conducted using the qualitative method to analyze secondary data. The study finds out the failure of the Government in realizing practical scenarios for compensating workers. It also shows how the amendments lack significance in updating the mechanism progressively. However, this paper shows the government the criteria through which a labor law can adopt a progressive mechanism, competing with the other cited countries through inflation rate, standardization, and insurance schemes.

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