The Workman Compensation
Transcript of The Workman Compensation
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The objective of this Act is that in the case
of an employment injury compensation be
provided to the injured workman and in case
of his death to his dependants.
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Dependent means any of the following relatives ofa deceased workman, namely
(i) a widow, a minor legitimate or adopted son, and
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.
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(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 ifmarried and a minor or if widowed and a
minor
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(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 pre-deceased son,
(g) a minor child of a pre-deceased daughter
where no parent of the child is alive, or
(h) a paternal grandparent if no parent of
the workman is alive.
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If personal injury is caused to a workman by
accident arising out of and in the course of
his employment, his employer shall be liable
to pay compensation in accordance with theprovisions are followed
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Provided that the employer shall not be so liable
(a) in respect of any injury which does not result
in the total or partial disablement of theworkman for a period exceeding three days;
(b) in respect of any injury, not resulting in
death or permanent total disablement, caused
by an accident which is directly attributable to
(i) the workman having been at the time thereof
under the influence of drink or drugs.
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Any worker employed in any of a wide
variety of hazardous occupations who has
suffered an injury is eligible for
compensation. If he dies, his dependents canclaim the benefits provided by the Act. The
injury must disable him for more than 3
days, totally or partially. The disablement
means the loss in the earning capacity of aworkman in every employment which he was
capable of doing at the time of the
accidents.
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To get compensation for an occupational
disease, a workman must have been
employed in the specified occupation for a
continuous period of at least 6 months. If thecompensation is not paid within one month
after the date due, a simple interest at 6%
per annum on the arrears can be recovered
from the employer.
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1. In case of death: 40% of the monthly wage
of the deceased workman, multiplied by the
relevant factor or Rs. 20,000; whichever is
more.
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2. In case of total permanent disablement:
50% of the monthly wage, multiplied by the
relevant factor: or Rs. 24,000; whichever is
more.
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3. In case of partial permanent disablement:
The compensation is a percentage of that
payable in the case of total permanent
disablement. The earning capacity isdetermined by a qualified medical
practitioners.
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4. In case of (total or partial) temporary
disablement" A sum equal to 25% of the
monthly wages of the workman shall be paid
half-monthly.
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The minimum rate of compensation is
proposed to be raised from 50,000 to Rs.
80,000 for death and from Rs. 60,000 to Rs.
90,000 in case of permanent/totaldisablement.
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SNO. Description of injury % of loss of
Earning capacity
Part I
1. Loss of both hands 100
2. Loss of hand and a foot 100
3. Amputation of one leg/thigh
and loss of other foot 100
4. Loss of sight and unable to work 100 5. Very severe disfigurement 100
6. Absolute deafness 100
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7. Loss of hand or of thumb and
four fingers of one hand 60
8. Loss of thumb 30
9. Loss of thumb and itsmetacarpal bone 40
10. Loss of four fingers of one hand 50
11. Loss of three fingers of one hand 30
12. Loss of two fingers of one hand 20 13. Loss of terminal phalanx of thumb 20
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