Workmen Compensation Act DEFINITIONS DEFINITIONS COMMISSIONER DEPENDENT A

Workmen Compensation Act DEFINITIONS

DEFINITIONS: COMMISSIONER Ø DEPENDENT: -A widow, minor, legitimate or adopted son. - A son or daughter who have attained the age of majority and depend on the income of such a person. - A widower, a parent other than a widowed mother - Unmarried daughter or son. Ø

Employer. Ø Body of persons Ø Managing agent of the employer. Ø A legal representative of the deceased company.

Disablement Ø Partial disablement: Ø Temporary partial disablement: reduces the earning capacity of a person. Ø Permanent partial disablement: permanently the earning capacity gets affected. Ø Total disablement: unfit for employment.

Wages: Ø Extra wages or overtime wages. Ø D. A Ø Rent free accommodation. Ø Outstation allowance. Ø Food allowance. Ø Maternity benefit.

workmen Ø A railway servant Ø A master, crew, seaman or other member of crew. Ø Captain or crew in a aircraft. Ø Driver, helper mechanic, cleaner. Ø Person recruited to work abroad as per schedule-II.

Contract of employment: Ø Expressed or implied contact. Ø Relationship of a master and servant. Ø Employment relates to the main activity of the employer.

Rules regarding workmen’s compensation: Ø Personal injury by accident. Ø Arising out of and in the course of employment. Ø Out of employment: -accident from the work. -employee is used in the main business of the employer. Ø In the course of employment.

In the course of employment: Ø when the transport provided by the employer is used. Ø The employee is in the business premises of the employer and even if he is not engaged in the work. Ø When a period of rest is given to the workmen. Ø When the employee reaches the place of work in advance.

Cases of out of and in the course employment An employee who died at the time of crossing who went for repairing the water main. Ø A workman who was stabbed when he was repairing the railway clock. Ø A watchman who lifted a G. I. pipe was injured. Ø A workman who collapsed after 8 hours of continuous work due to strain. Ø A workman who suffered from heart disease died due to strain. Ø

Ø A workman was asked to travel while he was affected by malaria died due to strain. Ø An employee was bitten by scorpio and latter on died in the course of operation. Ø A boy was wounded by bullet after serving tea with in the industrial premises. Ø A driver of municipality died when he was at duty due to cardiac arrest.

Occupational diseases: PART-A Ø PARASITIC DISEASES. Ø Diseases caused by compressed air. Ø Nitrous and argano phosphorous gases. Ø PART-B Ø Dangerous emissions like phosphorus, mercury, chromium, manganes etc… Ø Infra red diseases.

Ø Skin diseases. Ø Hearing impairment. Ø Asthma Ø Lung cancer. PART-C Ø Mineral emissions causing death like pneumoconiosis, sclerogenic, bronchopulmonary, extrinsic bronchopulmonary dusts etc. . . Ø

Defences available to the employer Ø Injury not directly connected to the employment. Ø If the employee is in a drunkard condition. Ø Willful failure to follow the rules or safety measures. Ø Willful failure to wear safety devices.

Compensation for death: 50 XMONTHLY WAGES X R. FACTOR = ------------------------(OR) 100 Rs. 1, 20, 000 which ever is more. Ø Compensation for permanent total disablement: 60 xmonthly wages x relevant factor = ------------------------ (OR) 100 Rs. 1, 40, 000 whichever is more.

Compensation for permanent partial disablement Ø The compensation payable shall be based on the % of disablement. i. e. for example if the disablement is 60%, the compensation payable shall be equal to 60% compensation payable for permanent total disablement.

Compensation for temporary disablement: Incase of temporary whether total or partial disablement, compensation shall be half monthly payment of the sum equivalent to 25% of monthly wages, payable every half month. -the amount payable to the workman is subject to the deduction of any advance received by him from the employer. -this half monthly payment in no way will exceed the sum payable to the employee just before the disablement. Ø

Method of calculating monthly wages: Average salary of the last one year immediately before the accident. Ø When the service put in by the employee is less than 1 month, compensation shall be equal to average wages earned by the employee in the previous year immediately before the accident or similar wages earned by the employees in the other industries. Ø In other cases 30 times of wages paid will be the basis where the required no. of days actually worked will be taken into account. Ø

Distribution of compensation The compensation so fixed shall be deposited with the commissioner or paid to the dependents of workman. Ø In case of any diseased workman an advance equal to 3 -months wages shall be paid as compensation. Ø Incase of partial or total disablement, the compensation shall be deposited with the commissioner or employee directly. Ø The employer is discharged from his duty , if any compensation is deposited with the commissioner. Ø

Compensation provided shall be divided among the dependents and any funeral expense is incurred by the dependent shall be reimbursed to him. Ø Where the compensation so determined is to be paid to the person who is under legal disability , such money my be invested or applied for the benefit of such a person. Ø If there is any neglect of children on the part of parent , the commissioner shall vary the method of disposal of compensation. Ø If any compensation received fraudulently , such amount shall be recovered as arrear of land revenue. Ø