workmen compensation act

WORKMEN COMPENSATION ACT: 

WORKMEN COMPENSATION ACT

Rules Regarding Workmen’s Compensation : 

Rules Regarding Workmen’s Compensation Employer’s Liabilities For Compensation[Sec.3] 1. Personal injury by accident- An employer is liable to pay compensation to workman if personal injury is caused to him by accident arising out of & in the course of his employment. 2. Occupational diseases - workers employed in certain occupations are exposed to certain diseases which are inherent in those occupation.

IN COURSE OF EMPLOYMENT: 

Transport provided by the employer Time during which the workman is upon the premises of the employer If the workman was doing something to equip himself for the work If the workman with the knowledge and permission of the employer lives at some distance from the place where he is called upon to work. IN COURSE OF EMPLOYMENT

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ARISING OUT OF EMPLOYMENT National extension Occupational disease

Employer is not Liable For Compensation: 

Employer is not Liable For Compensation Accident did not arise out or in course of employment Workmen filed a suit for damages in the Civil Court Disablement lasted for 3 days or less In respect of any injury not resulting in death, caused by an accident which is directly attributable to- Workman having been at the time thereof under the influence of drink or drugs. The willful removal or disregard by the workman of any safety guard The willful disobedience of the workman to the rule expressly framed.

Amount Of Compensation[Sec.4]: 

Amount Of Compensation[Sec.4] The amount of compensation payable to a workman depends on the nature of injury caused by accident, the monthly wages of the workman concerned, and the relevant factor for working out lump sum equivalent of compensation amount as specified in Schedule IV. There is no distinction between an adult and a minor worker with respect to the amount of compensation.

Compensation For Death : 

Compensation For Death In case of death resulting from injury, the amount of compensation shall be equal 50% of the monthly wages of the deceased workman multiplied by the relevant factor. Or an amount of Rs 80,000/ - whichever is more.

Example:: 

Example: A workman is employed in a factory on a monthly wage of Rs 3000. While working he met with an accident and dies on oct 2000. His date of birth is July 18 , 1970. The amount of compensation payable to his dependent would be 50* monthly wages* Relevant factor of age 30 /100 0r 80,000 whichever is higher 50* 3000* 207.98 = 3,11,970 100 Since Rs 311970 is more than 80000 the compensation payable to him shall be Rs 311,970

Compensation For Permanent Total Disablement: 

Compensation For Permanent Total Disablement In case of permanent total disablement resulting from the injury, the amount of compensation shall be 60% of the monthly wages of the injured workman multiplied by the relevant factor or Rs 90,000/- thousand whichever is more. Example : 60* 3000* 207.98 = 3,74,365 100 Since Rs 3,74364 is more than 90,000 the amount of compensation payable should be Rs 3, 74364

Compensation For Permanent Partial Disablement: 

Compensation For Permanent Partial Disablement In case of an injury specified in part II of the schedule I, the amount of compensation shall be such percentage of the compensation which would have been payable is the percentage of loss of earning capacity caused by that injury. In case of an injury not specified in schedule I, such percentage of the compensation is payable which is proportionate to the loss of earning capacity (as assessed by a qualified medical practitioner) permanently caused by the injury.

Example: 

Example A worker whose monthly wages is RS 3000 loses one eye AS A RESULT OF Injury caused to him on Nov 15, 1995. On Oct 1, 1995. He had completed 20 years of age. The amount of compensation payable to him would be 40% of 60* 3000* 224 = 1,61,280 100

Compensation For Temporary Disablement(Total or Partial): 

Compensation For Temporary Disablement(Total or Partial) If the temporary disablement, whether total or partial results from the injury, the amount of compensation shall be a half monthly payment of the sum equivalent to 25% of the monthly wages of the workman to be paid in accordance with the provisions. The half monthly payment shall be payable on the sixteenth day from the date of disablement In cases where such disablement lasts for a period of 28 days or more compensation is payable from the date of disablement In other cases After the expiry of a waiting period of three days from the date of disablement.

Distribution of Compensation[sec.8]: 

Distribution of Compensation[sec.8] The compensation payable for death and The compensation payable to a woman or person of legal disability shall be through the commissioner only. Employer can make advance payment directly to dependents in case of death equivalent to three months salary of the deceased person . Employer is exonerated from his liability if he deposits the compensation amount with the commissioner within the stipulated time. The commissioner shall call all dependents of the deceased and determine the method for distribution of compensation among them. If no dependents are found then amount shall be refunded to the employer. On request by the employer the commissioner shall furnish the details of disbursement.

Time limit for payment of compensation: 

Time limit for payment of compensation Compensation shall be paid as soon as it falls due If the employer fails to pay the compensation within one month of the date on which it fell due, the commissioner may direct the payment of simple interest thereon at 6% . If the commissioner thinks that there is no justification for the delay. He make direct, the payment of a further sum, not exceeding 50% of the sum due , by way of penalty

Notice & Claim[Sec.10]: 

Notice & Claim[Sec.10] To claim the compensation : The claimant shall give notice of accident to the employer or by entering in the notice book within the reasonable period. Every such notice shall give the name and address of the person injured, the cause of the injury and the date on which the accident happened and Submit the claim application to the commissioner within two years from the date of accident. In case of occupational disease the accident is deemed to have occurred on the first day of disease. Defect if any in the notice or not giving notice or delayed application will not bar the claim for compensation.

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