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    Add as Friendworkman compensation

    by: jaya pandey

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    1 : Presented To: Presented By: Dr.Tulika Saxena Ma’m Jaya Pandey Priyanka Agarwal Ritu Singh Seema Gupta Workmen’s Compensation Act 1923
    2 : An Act to provide for the payment by certain classes of employers to their workmen of compensation for injury by accident. INTRODUCTION
    3 : The act imposes statutory laibility upon an employer to provide payment to employees when they suffer from physical disabilities and disease during course of employment. It extends to whole of India. OBJECT AND SCOPE
    4 : [sec 20]“Commissioner” means a Commissioner for Workmen’s Compensation appointed [sec 2(1) (c)]“Compensation” means compensation as provided for by this Act; [sec 2(1) (d)]“Dependent” means any of the following relatives of a deceased workman, namely:— (i) a widow, a minor legitimate [or adopted] son, and unmarried legitimate [or adopted] daughter, or a widowed mother; and (ii) if wholly dependent on the earnings of the workman at the time of his death, a son or a daughter who has attained the age of 18 years and who is infirm; DEFINITIONS
    5 : (iii) if wholly or in part dependent on the earnings of the workman at the time of his death, (a) a widower, (b) a parent other than a widowed mother, (c) a minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate or illegitimate 6[or adopted] if married and a minor or if widowed and a minor, (d) a minor brother or an unmarried sister or a widowed sister if a minor, (e) a widowed daughter-in-law, (f) a minor child of a pre-deceased son, (g) a minor child of a pre-deceased daughter where no parent of the child is alive, or (h) a paternal grandparent if no parent of the workman is alive.
    6 : [sec 2(1) (e)] “Employer” includes any body of persons whether incorporated or not and any managing agent of an employer and the legal representative of a deceased employer, and, when the services of a workman are tempo­rarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, means such other person while the workman is working for him; [sec 2(1) (f)] “Managing Agent” means any person appointed or acting as the representative of another person for the purpose of carrying on such other person’s trade or business, but does not include an individual manager subordinate to an employer;
    7 : [sec 2(1) (ff)] “Minor” means a person who has not attained the age of 18 years. [sec 2(1) (g)] “Partial Disablement” means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in the disablement, and, where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time. Provided that every injury specified [in Part II of Schedule I] shall be deemed to result in permanent partial disablement. [sec 2(1) (i)] “Total disablement” means such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement.
    8 : [Provided that permanent total disablement shall be deemed to result from every injury specified in Part I of Schedule I or from any combina­tion of injuries specified in Part II thereof where the aggregate percentage of the loss of earning capacity, as specified in the said Part II against those injuries, amounts to one hundred per cent or more;] [sec 2(1) (h)] “Prescribed” means prescribed by rules made under this Act; [sec (2) (l)] “Qualified Medical Practitioner” means any person registered under any Central Act, Provincial Act, or an Act of the Legislature of a State providing for the maintenance of a register of medical practitioners, or, in any area where no such last-mentioned Act is in force, any person declared by the State Government, by notification in the Official Gazette, to be a qualified medical practitioner for the purposes of this Act; [sec 2(1) (k)] “Seaman” means any person forming part of the crew of any ship, but does not include the master of the ship;
    9 : [sec 2 (1) (m)] “Wages” includes any privilege or benefit which is capable of being estimated in money, other than a travelling allowance or the value of any travelling concession or a contribution paid by the employer a workman towards any pension or provident fund or a sum paid to a workman to cover any special expenses entailed on him by the nature of his employment. [sec 2(1) (n)] “Workman” means any person who is— (i) A railway servant as defined in section 3 of the Railways Act, 1989 , not permanently employed in any administrative, district or sub-divisional office of a railway and not employed in any such capacity as is specified in Schedule II, or
    10 : (A) A master, seaman or other member of the crew of a ship, (B) A captain or other member of the crew of an aircraft, (C) A person recruited as driver, helper, mechanic, cleaner or in any other capacity in connection with a motor vehicle, (D) A person recruited for work abroad by a company, and who is employed outside India in any such capacity as is specified in Schedule II and the ship, aircraft or motor vehicle, or company, as the case may be, is registered in India, or (ii) Employed in any such capacity as is specified in Schedule II, whether the contract of employment was made before or after the passing of this Act and whether such contract is expressed or implied, oral or in writing; but does not include any person working in the capacity of a member of Armed Forces of the Union; and any reference to a workman who has been injured shall, where the workman is dead, include a reference to his dependents or any of them.
    11 : WORKMEN’S COMPENSATION
    12 : An employer is liable to pay compensation to a workman: For personal injury caused to him by accident: It must have been caused during the course of his employment and Must have been caused by accident arising out of his employment For any occupational disease contracted by him [Sec.3(2) ] Employer’s Liability For Compensation [ Sec.3 ]
    13 : The amount of compensation 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 (as substituted by Amendment Act of 1984). There is no distinction between an adult and a minor worker with respect to the amount of compensation Amount of Compensation [Sec. 4]
    14 : New section 4(as substituted by Amendment Act of 1984) provides for compensation are as follows: Compensation for Death: Where death result from an injury the amount of compensation shall be equal to (50* monthly wages * relevant factor) OR Rs. 80,000 100 Whichever is more Continue…..
    15 : 2. Compensation for permanent total Disablement: Where permanent total disablement results from an injury, the amount of compensation payable shall be equal to (60* monthly wage* relevant factor) Or Rs. 90,000 100 Whichever is more
    16 : 3.Compensation for permanent partial disablement: In case of an injury specified in schedule I, such % of the compensation which would have been payable in the case of permanent total disablement as is specified there in has being the % of the lose of earning capacity cost by the injury. In case of an injury not specified in schedule I, such % of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (as assessed by the qualified medical practitioner) permanently caused by the injury
    17 : 4.Compensation for temporary disablement A half monthly payment of the sum whether total or partial result equivalent to 25% of monthly wages of the injury workman to be paid in the manner prescribed. 5. Compensation to be paid when due and penalty for default[Sec 4-A] Provides that compensation shall be paid as soon as it falls due. It is mandates for employer to pay compensation amount as soon as it falls due to victim or his/her legal heirs.
    18 : The compensation payable for death and The compensation payable to a women or person of legal disability shall be through the commissioner. Employer can make advance payment directly to dependents in case of death equivalent to three months salary of deceased person. Employer is exonerated from his liability if he deposits the compensation amount with the commissioner with in 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. DISTRIBUTION OF COMPENSATION [SEC 8]
    19 : To claim the compensation. The claimant shall give notice of accident to the employer or by entering in the notice book with in 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 with in two years from the date of accident. In case of occupational disease the accident is deemed to have occurred on the first day of diseases. Defect if any in the notice or not giving notice or delayed application will not bar the claim for compensation. NOTICE AND CLAIM [SEC 10]

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