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Workmen compensation act1923

Workmen compensation act1923

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  • Sub:business law

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  • 1. Sub:business law
    WORKMEN’S COMPENSATION ACT,1923
    Presented by:
    chakrapani
    1
  • 2. WORKMEN’S COMPENSATION ACT,1923
    Object:-The objective of this Act is that in the case of an employment injurycompensation be provided to the injured workman and in case of his death to his dependants.
    It is one of the important social security
    legislations(law).
    It aims at providing financial protection to
    workmen and their dependents.
    In case of accidental injury by means of payment of compensation by the employers.
  • 3. WORKMEN ENTITLED TO COMPENSATION:-
    Who are the qualified persons:
    Workers employed in any capacity specified
    in Schedule II of the Act which includes
    Factories, Mines, Plantations, Mechanically
    Vehicles, Construction Work and specified
    categories of Railway Servants.
    The Act except the States of Arunachal Pradesh,
    Mizoram, Nagaland, Sikkim, Daman & Diu and
    Lakshadweep
  • 4. EMPLOYER LIABLE FOR COMPENSATION :-
    The employer of any establishment covered under
    this Act
    Who has suffered an accident arising out of and in
    the course of his employment, resulting into
    (i) death,
    (ii) permanent total disablement,
    (iii) permanent partial disablement.
    Who has contracted an occupational disease
  • 5. WHAT IS DISABLEMENT:-
    Disablement is the loss of the earning capacity resulting from injury
    Disablement’s can be classified as
    (a) Total, and (b) Partial.
    It can further be classified into
    (i) Permanent(ii) Temporary Disablement
    Total disablement:- it is considered to be permanent if a workman, as a result of an accident, suffers from the injury
    Partial disablement:- reduces the earning capacity of a workman in the employment in which he was engaged at the time of the accident
  • 6. THE EMPLOYER SHALL NOT BE LIABLE:-
    Injury which does not result in the total or partial disablement of the workmen for a period exceeding three days
    injury not resulting in death, caused by an
    accident which is directly attributable to-
    under the influence or drugs
    a disease which is not directly attributable to a specific injury caused by the accident or to the occupation
  • 7. COMMISSIONERS:-
    Appointment of Commissioners:- The State Government may by notification in the Official Gazette appoint any person to be a Commissioner for Workmen's Compensation.
    Claim:-Upon the failure of an employer to give compensation, an application form is made to the Commissioner.
    Appeal:-An appeal lie to the High Court against the orders of the Commissioner with regard to award imposing interest or penalty distribution of compensation.
  • 8. ACCIDENT ARISING OUT OF AND IN THECOURSE OF EMPLOYMENT:-
    It means whether the workmen is injured in the organization or out side of the organization.
    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 as performing his duties.
    Injury must have resulted from some risk
    incidental to the duties of the service.
  • 9. CALCULATION OF COMPENSATION:-
    In case of death:-
    50% of the monthly wages X Relevant Factor
    or 50,000 And Rs. 1000 for funeral expenses.
    In case of total permanent disablement:-
    60% of the monthly wages X Relevant Factor
    or 60,000.
    In case of temporary disablement : -
    A half-monthly instalment equal to 25% of the
    monthly wages, for the period of disablement
    or 5 years.
  • 10. Compensation:-
    the min amount of compensation fixed
    i.e Rs.80, 000 in the case of death&90,000 in case
    of permanent total disablement .
    In max amount of it payable is Rs. 4.56lac in the
    case of death and Rs. 5.48 lakh in the case of
    permanent total disablement.
    For medical expenses additional Rs.25,000.
  • 11. Thank you