Workmen Compensation Act India

THE WORKMEN'S COMPENSATION ACT, 1923
The Workmens Compensation Act, 1923 provides for payment of compensation to workmen
and their dependants in case of injury and accident, including certain occupational disease,
arising out of and in the course of employment and resulting in disablement or death. The
Act applies to persons employed as is specified in Schedule II of the Act. The schedule II
includes persons employed in factories, mines, plantations, mechanically propelled vehicles,
construction works and certain other hazardous occupations.
The amount of compensation to be paid depends
on the nature of the injury,

the average monthly wages and
age of workmen.
The minimum and maximum rates of compensation payable for death and for disability have
been fixed and is subject to revision from time to time.
The Objective:
To provide for the payment of compensation to the workmen for injury or accident.
The salient features the Act in brief are as under.

Employer's Liability for Compensation:
a) A workman is entitled to get compensation from his employer if he is injured while on
duty and during the course of his employment with his employer.
b) If a workman dies due to the accident while on duty and during the course of his
employment with his employer, his dependents are entitled to receive the amount of
compensation from his employer.
c) Occupational diseases: If a workman contacts occupational diseases enlisted in
Schedule III of this Act, while on duty and during the course of his employment with
his employer, the said disease shall be deemed to be an injury by accident. The
workman or if dead, his dependents are entitled to receive the amount of
compensation from his employer.
d) Amount of Compensation:
a. Temporary Disablement:
Where the disablement is temporary, i.e. workman not being able to attend to
duty for more than 3 days on account of injury, is entitle to get compensation
at the rate of a half monthly payment of the sum equivalent to twenty five
percent of monthly wages of the workman.
E.G. if workman's wages are Rs.500/- per month he will receive Rs.125/- for a
fortnight i.e. 15 days or Rs. 8.33 p. per day and so on depending on his
wages. If the disablement continues for more than 28 days therefrom days to
be counted from the date of injury.
b. Permanent total disablement:
The permanent total disablement is listed in Schedule I of the Act. Where the
disablement is permanent and total the amount of compensation will be
equivalent of fifty percent of the monthly wages of the injured workman
multiplied by the relevant factor or an amount of twenty four thousand
rupees (Rs. 24,000/-) whichever is more.
c. Death:
Where death results from an injury,an amount equal to forty percent of the
monthly wages of the deceased workman multiplied by the relevant
factor or an amount of twenty thousand rupees (Rs. 20,000/-) whichever is
more.
e) If Permanent partial disablement results from the injury: - such percentage of
the compensation which would have been payable in the case of permanent
total disablement after determining the loss of earning capacity caused by that injury.
Recovery of Compensation:
1. If the employer fails to pay the compensation to a workman or fails to deposit the
amount of compensation with the commissioner for Workmen's Compensation, or the
Labour Court concerned, them the injured workman, either himself or through his
representative, should send a notice of his claim to his employer mentioning therein
the time, date, place and nature of accident, wage rate of the workman and the
amount of compensation. In case of death of a workman, any of his dependents or
his/her representative can send such notice with detailed information. A copy of the
same should be sent to the Commissioner for Workmen's Compensation or the
Labour Court concerned.
2. If the employer fails to settle the claim, the workman himself or any of the
dependents of the deceased workman should file the application before the
concerned court having jurisdiction to entertain the claim. This has to be done in form
'F' by the injured workman and in form 'G' by the dependent of the deceased
workman.
3. The court fee is @ Rs.1/- per every Rs. 500/- or less amount of claim and paise 50
for claim of half monthly wages for temporary disablement.
4. Amount payable under this Act cannot be assigned or charged or be liable to
attachment or be passed to any person other than the workman by operation of law
nor shall any claim be set-off against the same. Only the amount which is paid
towards half monthly wages during the period of disablement can be deducted from
the amount of final settlement of claim.
5. The Court has power to award interest on the amount of compensation, cost and
penalty.
6. If the employer fails to pay or deposit the amount of compensation awarded by the
Court or admitted by the employer, them on application by the workman to the
concerned court for recovery of the same, the court shall write to the collector and
the same will be recovered as arrears of Land Revenue.

Workmen Compensation Act India

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THE WORKMEN'S COMPENSATION ACT, 1923

on the nature of the injury,

The salient features the Act in brief are as under.

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