Workman’s Compensation

8/7/2019 Workmans Compensation

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SANTOSH KUMAR SHARMA


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` Now the workmens compensation Act has been

amended by the workmens compensation Act-

2009 and it has become THE EMPLOYEES

COMPENSATION ACT.` The word workman has been replaced by the

word employees.

` Amount of compensation has been increased.

` Some services repealed from second schedulewhile some added.

` So an attempt has been made to cope up with the

emerging needs of the society.


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` THIS ACT IS THE IMPORTANT PIECE OF SOCIALLEGISLATION.

` EMPLOYER IS LEGALLY RESPONSIBLE FOR WORK

RELATED INJURIES AND DEATHS.` THIS ACT IS WRITTEN IN SIMPLE LANGUAGE TO

UNDERSTAND.


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` THE CONCERNED PERSON MUST BE A

WORKMAN.(EMPLOYEE)

` THAT THE INJURY OR DEATH HAD ARISEN OUTOFF OR DURING AND IN THE COURSE OF

EMPLOYMENT.


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` ITS COVERED FOR ALL OFFICIALDUTIES

` IF YOUR BOSS INSTRUCTS YOU TO DOANY WORK APART FROM YOURUSUAL SCOPE OF WORK, ITS

OFFICIAL.


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` COMMISSIONER: means a commissioner

appointed for this Act under Section-20.

` MINOR: means a person who has not attained the

age of 18 years.


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` COMPENSATION is the lump-sum provided to the

workman in case of death, permanent disablement

or temporary disablement.


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Any of the following relatives of a deceased

workman,namely

` A widow,a minor,an unmarried daughter,a

widowed mother` A son or daughter who is major but infirm and

wholly depend upon father

` A widower


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` A parent other than a widowed mother

` A minor illegitimate son,an unmarried illegitimate

daughter or if married and minor or wodowed and

minor` A minor brother,an unmarried sister or a widowed

sister if minor


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` A widowed daughter in law,

` A minor child of predeceased son,

` A minor child of a pre deceased daughter where

no parent alive.` A paternal grand-parent if no parent of the

workman is alive.


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` A body of persons whether corporated or not

and any managing agent of an employer and

the legal representative of a deceasedemployer and when services of a workman are

temporarily lent or let on hire to another person

under a contract for work or

apprenticeship,such other person for whom heis working.


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` Means any person who is

1.Railway servant as defined therein.

2.A captain, master, seaman or other member of a

crew3.A person recruited as driver,helper,machanic

cleaner or in any other capacity.


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4.A person recruited by the company to work

abroad.

5.Employed in any such capacity as defined in

schedule II of the this Act.


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` Includes any privilege or benefit which is

capable of being estimated in money,

But it does not include travelling allowance

Or the value of any travelling concession or a

contribution

Any sum paid to cover any special expense

entitle due to nature of empl.


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`TEMPORARY

`PERMANENT


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` Means such disablement which reduces the

earning capacity of a workman in any employment

in which he was engaged at the time of theaccident resulting in the disablement.


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Means such disablement which reduces the earning

capacity in every employment which he was

capable of undertaking at that time:

Every injury provided in PART-ii of Schedule-I shallbe deemed in permanent partial disablement


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` Means such disablement, whether of a temporary

or permanent nature as incapacitates a workman

for all work which he was capable or performing at

the time of the accident resulting in suchdisablement.

` Injury to be total disablement must be amounted

to one hundred percent or more


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` 3 & MORE CONSECUTIVE DAYS.

` LESS THEN 3 DAYS WORK -MAN]S DOES NOT COVER.

` MUST PRODUCE MEDICAL

CERTI ICATE.


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` DUE TO INFLUENCE OF DRINK OR DRUGS

` THE WILLFUL DISOBEDIENCE OF THE

WORKMAN SPECIALLY GIVEN TO THESECURITY OF THE WORKMAN.

` THE WILFUL REMOVAL OR DISREGARD BY

THE WORKMAN OF ANY SAFETY GUARD OR

OTHER DEVICES KNOWN TO HIM OF SAFETYPURPOSE.


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` INJURIES RESULTING IN DEATH

` INSJURIES RESULTING IN PERMANENT TOTAL

DISABLEMENT.

` INJURIES RESULTING IN PERMANENTPARTIAL DISABLEMENT.

` INJURY RESULTING IN TEMPORARY

DISABLEMENT WHETHER TOTAL OR PARTIAL.


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` Where death results from the injury the amount of

compensation shall be an amount equal to fifty

percentof the monthly wages of the deceased

workman multiplied by the relevant factorOr

` An amount of rupees1,20,000 whichever is more.

` Rupees 5,000 funeral expenses.


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` Where permanent total disablement results from

the injury the amount of compensation shall be

equal to 60% of the monthly wages of the injured

workman mutiplied by the relevant factorOr

` An amount of Rupees 1,40000 whichever is more.

` Reimbursement of actual medical expenses

incurred during treatment.


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` Permanent partial disablement either caused by

injuries specified in part II of schedule I or caused

by injuries other than specified therein.

` Such percentage of compensation which wouldhave been payable in the case of permanent total

disablement as is specified therein as being the

percentage of the loss of earning capacity caused

by that injury.


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` But where such permanent partial disablement is

caused by injury other than specified in schedule I

such percentage of the compensation payable in

the case of permanent total disablement as isproportionate to the loss of earning capacity as

assessed by the qualified medical practitioner.


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` Temporary disablement whether total or partial

results from the injury the compensation shall be

paid for a half monthly payment of the sum

equivalent to 25%` This half monthly payment shall be paid on the

16th day

` From the date of disablement where such

disab.lasts for a period of less than 28 days ormore


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` The amount of compensation is to be calculated

with reference to wages of the workman.

` Where the workman has worked continuously for

12 month before the accident; 1/12th

.` Where the whole of the continuous period of

service immediately before the accident shall be

the average wages being earned by a workman

employed on the same work by the sameemployer, or in the same locality.


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` In other cases the monthly wages shall be thirty

times the total wages earned in respect of last

continuous period of service,divided by the

number of days comprising such period.` A service is said to be continuous where the gap

or interruption by way of absence is not more than

14 days.


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` The condition of disability may change later on

and they may review the earning capacity. The

compensation is dependent on the loss of earning

capacity.` It may be on the following grounds:

1.Wages increased.

2. Wages diminished

3.Fraud or undue influence.4.Mistake or error apparent on the face of record.


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` U/S-20.

` The state govt. by notification in the gazette.

` Any person who is qualified as per the

requirements.` May specify the area

` Where more than one commissioner are

appointed for the same area distribution of

business among them may be specified.

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