Compensation

WorkmenΓÇÖs Compensation Act, 1923
&
WorkmenΓÇÖs Compensation Rules, 1924
 
 
Object: 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.
 
Employer to pay compensation: In case a personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer is liable to pay compensation in accordance with the provision of the Act within 30 days from the date when it fell due otherwise he would also be liable to pay interest and penalty.
 
When employer is not liable: In case the disablement of workman is three or less days; except in case of death when the injury is caused due to influence of drink or drug taken by the workman or upon his wilful disobedience to obey safety rules or removal of safety guards by him.
 
Amount of compensation : (1) in case of death:- an amount equal to 50% of the monthly wage multiplied by the relevant factor as given in Schedule IV of the Act or Rs. 80,000/- whichever is more. (2) In case of permanent total disablement, it is 60% or Rs. 90,000/- whichever is more and (3) In case of permanent partial disablement occurs then the compensation is proportionate to the disability arrived as at (2) above.
 
Notice: An injured person or his dependants have to give a notice to the employer to pay compensation.
 
Claim: Upon the failure or refusal of an employer to give compensation, an application is to the made in Form - F to the Commissioner under the Workmen's Compensation Act, 1923 who is the Assistant Labour Commissioner or the Labour-cum-Conciliation Officer of the area where the accident took place or where the claimant ordinarily resides or where the employer has his registered office. After hearing both the parties, the Commissioner decides the claim.
 
Contracting out: Any contract or agreement whereby an injured person or his dependant relinquishes or reduce his right to receive compensation is null and void to that extent.
 
Appeal: An appeal lie to the High Court against the orders of the Commissioner with regard to the awarding or refusing to award compensation, or imposing interest or penalty, or regarding distribution of compensation etc.
 
Recovery : The amount of compensation awarded by the Commissioner is to be
recovered as arrears of land revenue.

Dear Veenzar

thanks for your reply, but my query still pending do we have to give the policy ( document ) to workmen or company has to keep with itself.

thanks

Prashant

 

 

dear
raj

it will be good to give the policy to employees when the situation needed

Dear All,

I do have a querry, there was an incident happened in my company. After 3 days of an employee joining our company, while he was on the way to office he met with an accident and seriously got injured and factured his leg , meanwhile we  were able to trace the person who did the accident. So we asked that person to bear his medical expenses .The bill came upto Rs.25,000 and we lodged a complaint against the person who did the accident. The employee who met with an accident had not filled his ESI form as he joined only 3 days before. In this case later the company paid  the medical expenses and their family is demanding 10 lakhs as he is unable to work for another 6 months.

How does this relate to Workmen Compensation Act? Our's was the [url=https://www.firstappeal.com/edit_post.php?id=1932#][color=blue]service Company[/color][/url].

Regards,

Shristi

Dear shrishi

1st of all there is no responsibility of employer for compensation if the employee is met with an accident while coming or going off duty unless he is traveling in a vehicle provided by the company or he was on official duty.

please recheck with seniors.

thanks

Prashant

 

 

Dear Mr. Prashanth,

What else options do we have if the culprit does not pay the amount even after complaining police. And parents are so desperate and somebody has to pay the hospital bill.As the parents are not in position to pay the hospital expenses ultimately company had to pay.

Regards,

Shristi

Dear Shirsti

According to my knowledge what you have paid was not necessary actually, but since you have paid it will be very difficult for you to recollect the same unless you use diff. type of collection methods. ( by force ). apart from that i dont think so that you should pay more to his parents.

As a Humanity if your managmtn allow you to do so then you may give him a 50% salary.

Thanks
Prashant

 

Hi Mr.Prashanth,

 

On humanity basis we paid his medical expenses.Thanks

Kripa