Workmens CompensationAct-1923

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PRESENTATION ONWORKMENS

COMPENSATION ACT 1923

SUBMITTED BY:-

RAGHU VERMA


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Workmens Compensation Act

The Workmens Compensation Act, 1923 is one of theearliest labor welfare and social security legislationenacted in India.

It recognizes the fact that if a workman is a victim ofaccident or an occupational disease in course of hisemployment, he needs to be compensated.


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INTRODUCTION

The act come into force on the 1st of July, 1924.

It extends to the whole of India.

The act provides compensation for injuries suffered by a workman.

The compensation is paid according to the nature of injuries

suffered and disability incurred

If the injury results to death then the amount of compensation is

payable to the dependants of the workmen.

The Act does not apply to those workers who are insured under the

Employees State Insurance Act 1948.


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Objective

The act is to provide workmen/or their

dependents some relief in case of

accidents arising out of in the course ofemployment and causing either death or

disablement of workmen.


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Main Provisions and Scope of the Act

Settlement of disputed claims

Disposal of cases of injuries involving death

The provisions of the Act have been extended to thecooks employed in hotels, restaurants using power,liquefied petroleum gas or any other mechanical device,

in the process of cooking.


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EMPLOYEES ENTITLED TO COMPENSATION

Employee who has suffered an accident arising on

the course of his\her employment resulting into:-

1. Death

2. Permanent total disablement

3. Permanent partial disablement

4. Temporary disablement

Disablement is the loss of the earning capacity resulting frominjury caused to a workman by an accident.


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EMPLOYER'S LIABILITY FORCOMPENSATION: -

If personal injury is caused to a workman by accidentarising out in the course of his employment, his employer

shall be liable to pay compensation in accordance withthe provisions


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3 Tests

At the time of injury workman must have been engagedin the business of the employer and must not be doingsomething for his personal benefit

Accident occurred at the place where he was performinghis duties

Injury must have resulted from some risk incidental tothe duties of the service, or natural in the naturecondition of employment.


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Act is applicable for the dependants ofdeceased workmen

A widow, a minor, legitimate or adopted son or adopteddaughter or a widowed mother

If wholly dependant on the earnings of the workman atthe time of his death a son or a daughter who hasattained the age of 18 years and who is sick


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To which establishments does the Act apply?

All establishments hiring 20 workers

Also if employers fail to register themselves under the

ESI Act, then they will be responsible to paycompensation under the Workmens Compensation Act.


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How much of Compensation in case of injuryresulting in total permanent disablement?

Where there is total permanent disablement resultingfrom the injury suffered, the worker is entitled to be paid

sixty percent of his monthly salary, multiplied by therelevant factor, or an amount of ninety thousand rupees,whichever is more.


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Compensation in case of injury resulting inpermanent partial disablement?

In the case of partial disablement of the worker, theamount he is entitled to is the percentage of that for totalpermanent disablement (60% of salary or 90,000 Rs),

the percentage being given in the schedule of the Act. Schedule I part II, to the Act contains a list of injuries

said to the corresponding loss in earning capacity


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Compensation in case of injury resulting intemporary disablement:-

In case of temporary disablement, payments equal to25% of the workers wages shall be made at half monthlyintervals.

In case the disablement lasts for more than 28 days thenthe employer should make the payment on the 16th dayfrom the day of the disablement.


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Procedure to be followed for receivingcompensation

Notice of accident to the employer

Commissioners powers in case of accident resulting in

death

Penalties (on Employer for not discharging duties underthe Act)

Medical Examination


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Choice to enter into an agreement

Distribution of compensation (including in case of

workers death, and payment of compensation to womenworkers / persons under legal disabilities).


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Workmens CompensationAct-1923

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