The Employees' Compensation Act of 1923 provides compensation to employees for work-related injuries and occupational diseases. It applies to employees in factories, mines, plantations, transportation, construction, railways, ships, circuses, and other hazardous occupations across India. The act aims to provide payment by employers to employees for injuries sustained in the course of employment. It outlines types of disablement (permanent total, permanent partial, temporary total, temporary partial), employer liability, notice requirements, claims processes, compensation amounts based on wages, and distribution of compensation in cases of death.
The Employees' Compensation Act of 1923 provides compensation to employees for work-related injuries and occupational diseases. It applies to employees in factories, mines, plantations, transportation, construction, railways, ships, circuses, and other hazardous occupations across India. The act aims to provide payment by employers to employees for injuries sustained in the course of employment. It outlines types of disablement (permanent total, permanent partial, temporary total, temporary partial), employer liability, notice requirements, claims processes, compensation amounts based on wages, and distribution of compensation in cases of death.
The Employees' Compensation Act of 1923 provides compensation to employees for work-related injuries and occupational diseases. It applies to employees in factories, mines, plantations, transportation, construction, railways, ships, circuses, and other hazardous occupations across India. The act aims to provide payment by employers to employees for injuries sustained in the course of employment. It outlines types of disablement (permanent total, permanent partial, temporary total, temporary partial), employer liability, notice requirements, claims processes, compensation amounts based on wages, and distribution of compensation in cases of death.
certain classes of employers to their employees for injury by accident while in employment. If an employee contracts an occupational disease while in employment, it is also treated under the act as injury caused by accident APPLICABILITY OF THE ACT The act extends to whole of india. It applies to employees to employees employed in factories, mines , plantation , transport establishments, construction works , railways, ships , circuses , and other hazardous occupations Doesnt apply to armed forces of the union and employees who are covered by esic act PRINCIPLES FOR EMPOYEE COMPENSATION
The employer is liable to pay compensation to
his employees only if employer was proved guilty of negligence. But even if he is negligent in certain circumstances he can avoid his liability The doctrine of assumed risks
The doctrine of common employment
The doctrine of contributory negligence
End of personal action with death
TYPES OF DISABLEMENT
PERMANENT TOTAL DISABLEMENT
Condition where an employee becomes unfit for every type work And is not able to get job anywhere because of disablement This disablement is for life time of an employee PERMANENT PARCIAL DISABLEMENT Is one reduces earning capacity of employee in every employment which was capable undertaking at the time of injury This disablement is for life time of an employee TYPES OF DISABLEMENT
TEMPORARY TOTAL DISABLEMENT
Condition where an employee becomes unfit for every type work And is not able to get job anywhere for particular time period because of disablement This disablement is for temporary period TEMPORARY PARCIAL DISABLEMENT Is one reduces earning capacity of employee in every employment which was capable undertaking at the time of injury This disablement is for temporary period EMPLOYERS LIABILITY FOR COMPENSATION 1. PERSONAL INJURY BY ACCIDENT PERSONAL INJURY ACCIDENT ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT OUT OF EMPLOYMENT
2. OCCUPATIONAL DISEASES COMPENSATION COMPENSATION FOR DEATH
50 % OF MONTHLY WAGES *RELEVANT FACTOR OR RUPEES
1,20,000/- WHICHEVER IS MORE
COMPENSATION FOR PERMANENT TOTAL DISABLEMENT
60% OF MONTHLY WAGES *RELEVANT FACTOR OR RUPEES
1,40,000/- WHICHEVER IS MORE COMPENSATION COMPENSATION FOR PERMANENT PARTIAL DISABLEMENT
60 % OF MONTHLY WAGES *RELEVANT FACTOR *LOSS OF
EARNING CAPACITY SPECIFIED AGAINST EACH INJURY IN PART 2 OF SCH 1
COMPENSATION FOR TEMPORARY TOTAL OR PARTIAL
THE AMOUNT OF COMPENSATION SHALL BE A HALF
MONTHLY PAYMENT OF THE SUM EQUIVALENT TO 25 % OF THE MONTHLY WAGES OF THE EMPLOYEE 7000*25/1000=1750 DISTRIBUTION OF COMPENSATION
Payment shall be made by deposit with the commissioner in case of
death if payment made directly to the dependents of deceased employee It shall not be considered payment of compensation In case of deceased employee employer may make advance payment to employees dependent an amount equal to 3 months wages NOTICE
The notice of the action shall begin as practicable after the
happening of the accident The notice shall give the name & address of the person injured and state the cause of injury and the date of accident The notice shall be served on the employer or any person responsible to the employer for the management The notice may served by delivering it are sending it by registered post addressed to resident or any place of bussiness of the person Notice book should keep at place CLAIM Claim for compensation shall be preferred before the commissioner within 2 years of the occurrence of the accident or in case of death within 2 years from the date of death No claim for compensation shall be entertained by the commissioner unless the notice of accident has been given by the employee. FATAL ACCIDENTS a death resulting from an accident or a disaster