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The Workmen's Compensation Act, 1923
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| Applicability |
| All over India |
| Sec.1 |
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| Coverage of Workmen |
All workers irrespective of their status or salaries either directly or through contractor or a person recruited to work abroad. |
| Sec.1 (3) |
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| Employer's liability to pay compensation to a workman |
On death or personal injury resulting into total or partial disablement or occupational disease caused to a workman arising out of and during the course of employment. |
| Sec.3 |
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| Amount of compensation |
• Where death of a workman results from the injury
• an amount equal to fifty per cent of the monthly
wages of the deceased workman multiplied by the relevant factor or an amount of eighty thousand rupees, whichever is more
• Where permanent total disablement results from the injury.
• an amount equal to sixty per cent of the monthly wages of the injured workman multiplied by the relevant factor or an amount of ninety thousand rupees, whichever is more. |
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| Procedure for calculation |
| Higher the age - Lower the compensation |
• Relevant factor specified in second column of Schedule IV giving slabs depending upon the age of the concerned workman.
• Example : In case of death
• Wages Rs.3000 PM -Age 23 years
• Factor as schedule IV Rs.219.95
• Amount of compensation Rs.329935
• In case of total disablement Rs.395910 |
| Sec. 4 |
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| Wages |
| When the monthly wages are more than Rs.4000 per month it will be deemed Rs.4000. |
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| Sec.4 Exh.b |
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| Notice of accident |
| As soon as
practicable |
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| Sec.10 |
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| When an employee is not liable for compensation |
• In respect of any injury which does result in the total or partial disablement of the workman for a period exceeding three days.
• In respect of any injury, not resulting in death or permanent total disablement caused by an accident which is directly attributable to-
• The workman having been at the time thereof under the influence of drink or drugs, or
• Wilful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of workmen, or
• Wilful removal or disregard by the workman of any safety guard or other device which he knew to have been provided for the purpose of securing the safely of workman. |
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| Sec. 3(a) & (b) |
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| Report of accident Rule 11 Form EE |
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Report of fatal accident and serious injury within /I
days to the Commissioner (not applicable when ESI Act applies). |
| Sec.10B |
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| Bar upon contracting out |
| Any workman relinquishing his right for personal injury not
permissible. |
| Sec.14 |
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| PENALTY |
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• In case of default by employer
• Deposit of Compensation |
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• 50% of the compensation amount + Interest to be paid to
the workman or his dependents as the case may be.
• Within one month with the Compensation Commissioner. |
SCC.4A |
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