workmens compensationact-1923
TRANSCRIPT
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PRESENTATION ONWORKMENS
COMPENSATION ACT 1923
SUBMITTED BY:-
RAGHU VERMA
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Workmens Compensation Act
The Workmens Compensation Act, 1923 is one of theearliest labor welfare and social security legislationenacted in India.
It recognizes the fact that if a workman is a victim ofaccident or an occupational disease in course of hisemployment, he needs to be compensated.
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INTRODUCTION
The act come into force on the 1st of July, 1924.
It extends to the whole of India.
The act provides compensation for injuries suffered by a workman.
The compensation is paid according to the nature of injuries
suffered and disability incurred
If the injury results to death then the amount of compensation is
payable to the dependants of the workmen.
The Act does not apply to those workers who are insured under the
Employees State Insurance Act 1948.
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Objective
The act is to provide workmen/or their
dependents some relief in case of
accidents arising out of in the course ofemployment and causing either death or
disablement of workmen.
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Main Provisions and Scope of the Act
Settlement of disputed claims
Disposal of cases of injuries involving death
The provisions of the Act have been extended to thecooks employed in hotels, restaurants using power,liquefied petroleum gas or any other mechanical device,
in the process of cooking.
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EMPLOYEES ENTITLED TO COMPENSATION
Employee who has suffered an accident arising on
the course of his\her employment resulting into:-
1. Death
2. Permanent total disablement
3. Permanent partial disablement
4. Temporary disablement
Disablement is the loss of the earning capacity resulting frominjury caused to a workman by an accident.
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EMPLOYER'S LIABILITY FORCOMPENSATION: -
If personal injury is caused to a workman by accidentarising out in the course of his employment, his employer
shall be liable to pay compensation in accordance withthe provisions
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3 Tests
At the time of injury workman must have been engagedin the business of the employer and must not be doingsomething for his personal benefit
Accident occurred at the place where he was performinghis duties
Injury must have resulted from some risk incidental tothe duties of the service, or natural in the naturecondition of employment.
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Act is applicable for the dependants ofdeceased workmen
A widow, a minor, legitimate or adopted son or adopteddaughter or a widowed mother
If wholly dependant on the earnings of the workman atthe time of his death a son or a daughter who hasattained the age of 18 years and who is sick
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To which establishments does the Act apply?
All establishments hiring 20 workers
Also if employers fail to register themselves under the
ESI Act, then they will be responsible to paycompensation under the Workmens Compensation Act.
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How much of Compensation in case of injuryresulting in total permanent disablement?
Where there is total permanent disablement resultingfrom the injury suffered, the worker is entitled to be paid
sixty percent of his monthly salary, multiplied by therelevant factor, or an amount of ninety thousand rupees,whichever is more.
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Compensation in case of injury resulting inpermanent partial disablement?
In the case of partial disablement of the worker, theamount he is entitled to is the percentage of that for totalpermanent disablement (60% of salary or 90,000 Rs),
the percentage being given in the schedule of the Act. Schedule I part II, to the Act contains a list of injuries
said to the corresponding loss in earning capacity
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Compensation in case of injury resulting intemporary disablement:-
In case of temporary disablement, payments equal to25% of the workers wages shall be made at half monthlyintervals.
In case the disablement lasts for more than 28 days thenthe employer should make the payment on the 16th dayfrom the day of the disablement.
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Procedure to be followed for receivingcompensation
Notice of accident to the employer
Commissioners powers in case of accident resulting in
death
Penalties (on Employer for not discharging duties underthe Act)
Medical Examination
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Choice to enter into an agreement
Distribution of compensation (including in case of
workers death, and payment of compensation to womenworkers / persons under legal disabilities).
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