Download - Workmen Compnstn Act
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Presented by: Asma Khan
MBA 2nd Sem, Sec C
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Object & Scope
Enacted in 1923. A social security legislation.
Imposes statutory liability upon an employer to
discharge his moral obligation towards his employeeswhen they suffer from physical disabilities anddiseases during the course of employment inhazardous working conditions.
Also seeks to help thedependants
of the workmen .
Provides for cheaper and quicker mode of disposal ofdisputes relating to compensation through specialproceedings than possible under the civil law.
Extends to the whole of India.
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Employers Liability for Co
mpensation
In the case of :
yOccupational disease
yPersonal injury or death
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Workman
Any person (other than a person whose
employment is of a caasual nature and
who is employed otherwise than for the
purpose of the employers trade or
business).
Some are Railway Servant
Mines workersSeaman
Mail Sorter etc.
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Partial Disablement
Temporary nature which reduces the
earning capacity of a workman in any
employment in which he was engaged
at the time the accident occurred.
Permanent disablement which reduces
his earning capacity in EVERY
employment which he was capable ofundertaking at that time.
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Total Disablement
It means such disablement is the
incapacity of the workman for all
work which he was capable of performing at the time of accident.
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Occupational Disease
y The employer is liable even when the disease was
contracted after the workman ceased to be in the
service of the employer, if such disease arose out
of the employment.
y Where the employment was undermore than one
employer, all such employers shall be liable for the
payment of the compensation in such proportion as
the Commissioner may in circumstances deem just.
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Personal Injury (Contd.)
ACCIDENT a mishap or an untowardevent which is not expected or designed.
EXAMPLE:
A workman falls from the ladder and suffers
injuries.
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When employer is not liable?
When the injury does not result in disablementbeyond a period of 3 days.
When the injury is due to:
y The workman being under the influence of drink ordrugs.
y The workman willfully disobeying any order given, orrule framed.
y The workman willfully disregarding or removing anysafety guards or safety devices.
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Amount of Compensation
1. In case of death = 50% of the monthly
wage X relevant factor as given in
Schedule IV of the Act
Or
Rs. 80,000 whichever is more
2. In case of permanent total disablement =
60%
Or
Rs 90,000 whichever is more
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Amount of Compensation
contd..3. In case of Permanent partial
disablement occurs then compensation
is proportionate to the disability arrived
as at (2.) earlier.
4. In case of temporary disablement then
compensation is A half monthly payment
of the sum of equivalent to 25% of themonthly wages.
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Procedure
Notice-An injured or his dependents have to
give a notice to the employer to pay the claim.
Claim- If the employer refuses an application is
to be made in Form- F to the Commissioner.
After hearing both the parties he/she will decide
the claim.
Contracting Out- If there is any contract whichabandons workmen to get his claim is NULL
and VOID to that extent.
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Procedure Contd..
Appeal- If the workman is not satisfied with
the decisions of the Commissioner he or his
dependents appeal lie to the High Court .
Recovery- The amount of compensation
awarded by the Commissioner is to be
recovered as arrears of land revenue.
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Claiming compensation
Amount of compensation is not dependent on thesuffering or expenses incurred by the workman but on
the difference between his wage earning capacity
before and after the accident.
The compensation can be claimed by
y In case of injury the workman himself.y In case of injury resulting in death his dependants.
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THANK YOU!
Have a nice dayahead!!
THANK YOU!
Have a nice dayahead!!