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Workmen compensation act1923

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  • Sub:business law
  • Chakri1

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