workmen compnstn act

8/9/2019 Workmen Compnstn Act

1/16

Presented by: Asma Khan

MBA 2nd Sem, Sec C


2/16

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.


3/16

Employers Liability for Co

mpensation

In the case of :

yOccupational disease

yPersonal injury or death


4/16

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.


5/16

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.


6/16

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.


7/16

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.


8/16


9/16

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.


10/16

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.


11/16

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


12/16

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.


13/16

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.


14/16

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.


15/16

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.


16/16

THANK YOU!

Have a nice dayahead!!

THANK YOU!

Have a nice dayahead!!

workmen compnstn act

Documents