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Presentation On Workmen'S Compensation Act 1923: Submitted By:-Raghu Verma
Presentation On Workmen'S Compensation Act 1923: Submitted By:-Raghu Verma
Presentation On Workmen'S Compensation Act 1923: Submitted By:-Raghu Verma
The Workmens Compensation Act, 1923 is one of the earliest labor welfare and social security legislation enacted in India. It recognizes the fact that if a workman is a victim of accident or an occupational disease in course of his employment, he needs to be compensated.
INTRODUCTION
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.
Objective
The act is to provide workmen/or their dependents some relief in case of accidents arising out of in the course of employment and causing either death or disablement of workmen.
The provisions of the Act have been extended to the cooks employed in hotels, restaurants using power, liquefied petroleum gas or any other mechanical device, in the process of cooking.
Employee who has suffered an accident arising on the course of his\her employment resulting into:Death Permanent total disablement Permanent partial disablement Temporary disablement Disablement is the loss of the earning capacity resulting from injury caused to a workman by an accident.
1. 2. 3. 4.
If personal injury is caused to a workman by accident arising out in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions
In respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding three days The workman having been at the time there of under the
when the employee has contacted a disease which is not directly attributable to a specific injury caused by the accident or to the occupation
3 Tests
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 Accident occurred at the place where he was performing his duties Injury must have resulted from some risk incidental to the duties of the service, or natural in the nature condition of employment.
A widow, a minor, legitimate or adopted son or adopted daughter or a widowed mother If wholly dependant 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 sick
All establishments hiring 20 workers Also if employers fail to register themselves under the ESI Act, then they will be responsible to pay compensation under the Workmens Compensation Act.
Where there is total permanent disablement resulting from the injury suffered, the worker is entitled to be paid sixty percent of his monthly salary, multiplied by the relevant factor, or an amount of ninety thousand rupees, whichever is more.
In case of temporary disablement, payments equal to 25% of the workers wages shall be made at half monthly intervals. In case the disablement lasts for more than 28 days then the employer should make the payment on the 16th day from the day of the disablement.
Notice of accident to the employer Commissioners powers in case of accident resulting in death Penalties (on Employer for not discharging duties under the Act)
Medical Examination
Choice to enter into an agreement Distribution of compensation (including in case of workers death, and payment of compensation to women workers / persons under legal disabilities).