WORKMENS COMPENSATION ACT-1923

SWATI KACKAR (2K12A45) ANAMIKA RANI SINGH (2K12A58)

INTRODUCTION
Workmen's Compensation Act, 1923 1) This Act may be called the Workmen's Compensation Act, 1923. (2) It extends to the whole of India. (3) It shall come into force on the first day of July, 1924. OBJECTIVE: The Workmen's Compensation Act, aims to provide workmen and/or their dependents some relief in case of accidents arising out of and in the course of employment and causing either death or disablement of workmen.

DEFINITION

The Workmen's Compensation Act, 1923 is one of the important social security legislations. It aims at providing financial protection to workmen and their dependants in case of accidental injury by means of payment of compensation by the employers.

THE GENERAL PRINCIPLES THAT ARE EVOLVED ARE

There must be a casual connection between the injury and the accident and the work done in the course of employment; The onus is upon the applicant to show that it was the work and the resulting strain which contributed to or aggravated the injury; It is not necessary that the workman must be actually working at the time of his death or that death must occur while he was working or had just ceased to work.

APPLICABILITY OF THE ACT

The Act extends to the whole of India except the States/Union Territories of Arunachal Pradesh, Mizoram, Nagaland, Sikkim and Daman & Diu and Lakshadweep.

The Act applies to workers employed in any capacity specified in Schedule II of the Act which includes Factories, Mines, Plantations, Mechanically Propelled Vehicles, Construction Work and certain other Hazardous Occupations and specified categories of Railway Servants.

DEFINITIONS{SECTION 2}
COMMISSIONER DEPENDANT EMPLOYER DISABLEMENT WAGES WORKMAN

COMMISSIONER
Sec.2(1)(b) A Commissioner means a Commissioner for Workmens Compensation appointed under section 20

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; (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 or adopted if married and a minor or if widowed &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 predeceased son,(g) a minor child of a pre-deceased daughter where no parent of the child is alive, (h) a paternal grandparent if no parent of the workman is alive.

EMPLOYER(SEC 2(1)!E)
Any body of persons whether incorporated or not Any managing agent of an employer; and The legal representative of a decease employer

DISABLEMENT
Disablement means any loss of capacity to work or move May result in loss or reduction of his earning capacity Disablement may be - Total {sec.2.1(g)} - Partial {sec 2.1(l)} - Temporary - permanent

WAGES{ SEC.2.1(M)}

wages includes any privilege or benefit which is capable of being estimated in money, other than travelling concession or a contribution paid by the employer to the workman towards any pension or provident fund or a sum paid to a workman to cover any special expenses entailed to him by the nature of his employment

WORKMAN{SEC.2.1

Any person who is: (a) a railway servant as defined in clause (34) of section 2 of The Railways Act 1989 not permanently employed in administrative, district or sub-divisional office of a railway and employed in any such capacity as is specified in schedule II or, (b) a master, seaman, or other member of the ship or crew It does not include a person whose employment is of a casual nature

The three tests for determining whether an accident arose out of employment are : At the time of injury workman must have been engaged in the business of the employer and must not be doing something for his personal benefit; That accident occurred at the place where he was performing his duties; and Injury must have resulted from some risk incidental to the duties of the service, or inherent in the nature or condition of employment.

CONDITION FOR RECEIVING COMPENSATION FOR PERSONAL INJURY

MAIN PROVISIONS AND SCOPE OF THE ACT

Under the Act, the State Governments are empowered to appoint Commissioners for Workmen's Compensation for (i) settlement of disputed claims (ii) disposal of cases of injuries involving death (iii) revision of periodical payments. Sub-section (3) of Section 2 of the Act, empowers the State Governments to extend the scope of the Act to any class of persons whose occupations are considered hazardous after giving three months notice to be published in the Official Gazette. Similarly, under Section 3(3) of the Act, the State Governments are also empowered to add any other disease to the list mentioned in Parts A and B of Schedule II and the Central Government in case of employment specified in Part C of Schedule III of the act.

WHEN IS AN EMPLOYER NOT LIABLE TO PAY COMPENSATION ?

if the injury did not result in total or partial disablement of a workman for a period exceeding three days, if the workman was at the time of the accident under the influence of drink of drug, or if the workman willfully disobeyed an order expressly given or a rule expressly framed for the purpose of securing safety of workman, or If the workman willfully removed or disregarded any safety guard or other device which to his knowledge was provided for the purpose of securing his safety.

ACCIDENT REPORT
Where

the accident results in death or serious bodily injury, the employer should send a report to the Commissioner, within 7 days of the accident, in the prescribed form giving the circumstances attending the death or serious bodily injury

MEDICAL EXAMINATION
The employer may get the concerned workman examined by a qualified medical practitioner, within 3 days from receiving the notice of accident. The employee must present himself for such examination otherwise he shall loose his right to the compensation. Failure of employer to have the workman medically examined does not debar him from challenging the medical certificate produced by the workman.

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 -the Relevant Factor is specified in schedule IV for working out the lump sum amount of compensation THERE IS NO DISTINCTION BETWEEN AN ADULT AND A MINOR WORKER WITH RESPECT TO THE AMOUNT OF COMPENSATION

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:
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

MONTHLY WAGES {SEC.4(A)

One-twelfth of the total wages fallen due for payment by the employer during the last twelve months of that period Where the whole of the continuous period immediately preceding the accident was less than one month the average monthly amount earned by a workman employed in the same work by the same employer or if no such workman is employed, by a workman employed in a similar work in the same locality In any other case, thirty times the total wages earned in the last continuous period of service divided by the no. of days comprising such period Where the monthly wages of a workman exceeds 4000/-, his monthly wages will be deemed to be 4000/- only

FAILURE TO REGISTER AGREEMENT

When

a memorandum of any agreement is not sent to the Commissioner for registration, the employer shall be liable to pay the full amount of compensation, which he is liable to pay under the provisions of this Act.

AMENDMENTS AND CHANGES

The Act is now known as Employees Compensation Act Throughout the Act where workman or workmen occur, the words employee and employees shall be substituted Clerical employees are included in the definition of employee Compensation for death raised from 80,000 to 12oooo Compensation for permanent total disablement raised from 90,000 to 14oooo

CONTD

New subsection is added for medical reimbursement

The employee shall be reimbursed the actual medical expenditure incurred by him for treatment of injuries caused during the course of employment
Funeral expenses amount is increased from Rs.2500 to not less than Rs.5000 No changes in definition of wages It reserves the right for Central Government to enhance the amount of compensation Explanation II: Where the monthly wages of a workman exceed four thousand rupees, his monthly wages for the purposes of clause (a) and clause (b) shall be deemed to be four thousand rupees only:

REVIEW
1.

Any half-monthly payment payable under this Act either Under an agreement between the parties or Under the order of a Commissioner. reviewed by the Commissioner on the application either Of the employer or Of the workman. accompanied by the certificate of a qualified medical practitioner

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