Presented by Haritha Udayan The workmens compensation act, 1923
The workmens compensation act was passed in 1923. The act
provides for cheaper and quicker disposal of disputes relating to compensation through special tribunals than possible under the civil law.
OBJECTIVES
The workmens compensation act,1923, aims to provide workmen
and/or their dependends some relief in case of accidents arising out of and in the course of employment and causing either death or disablement of workmen. APPLICABILITY
The act covers all workmen employed on railway, factories,
mines etc The act applies to all factories engaged in an industry specified in schedule II of the act. The act also applies to seaman and shipmasters of power driven ships or of non power driven ships of 50 or more tons. It applies generally to organized industries and hazardous occupations including building and loading or unloading operations. DEFINITIONS The act lays down the following definitions:
compensation appointed under section 20. The state government may, by notification in the Official Gazette, appoint any person to be a commissioner for workmens compensation for such area as may be specified in the notification. Any commissioner may, for the purpose of deciding any matter referred to him for decision under this act, choose one or more persons possessing special knowledge of any matter relevant to the matter under inquiry to assist him in holding the inquiry. 2. DEPENDENT [Sec. 2(d)]. Dependent means any of the following relatives of a deceased workman, namely: A widow, a minor legitimate son and unmarried legitimate daughter, or a widowed mother. 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 yr and who is infirm. If wholly or in part dependent on the earnings of the workman at the time of his death; A widower, A parent other than a widowed mother, A widowed daughter-in-law, A minor child of a pre-deceased son, A paternal grandparent if no parent of the workman is alive. 3. EMPLOYER [Sec. 2(e)].
Employer includes any body of persons whether
incorporated or not and any managing agent of an employer and the legal representative of a deceased employer, and when the service of a workman are temporarily lent or let on hire .
To establish the relationship of employer and employee, a
contract of service is generally necessary. Such contract may be expressed or implied. There is a difference between contract of service and contract for service. It is former which creates the relationship of employer and employee. 4. DISABLEMENT
Partial Disablement [Sec. 2(h)].
Partial Disablement means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a workmen in any employment in which he was engaged at the time of accident resulting in the disablement.
Total Disablement [Sec. 2(l)].
Total Disablement means disablement , whether of a temporary or permanent nature, which incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement. 5. WAGES [SEC. 2(m)].
Wages includes any privilege or benefits which is capable of
being estimated in money, other than travelling concession or a contribution paid by the employer to the workman towards any pension or provident fund or a sum paid to a workman to cover any special expenses entailed to him by the nature of his employment. The following privileges and benefits are included in the wages: Overtime allowance. Free accommodation. Benefits in the form of food and clothing Dearness allowance. Maternity benefit payable to a woman delivering a child. Gratuity payable to a workman on retirement. 6. WORKMAN [Sec.2(n)].
Any person who is:
A railway servant as defined in clause(34) of section 2 of the railway act 1989 not permanently employed in administrative, district or sub divisional office of a railway and employed in any such capacity as is specified in schedule II or,
A master, seaman, or other member of the ship or crew
It does not include a person whose employment is of a casual
nature AMOUNT OF COMPENSATION
The amount of compensation payable depends upon;
The nature of the injury caused by accident The amount of the average monthly wages of the workman concerned.
Compensation is payable for:
1. Death 2. Permanent Total Disablement 3. Permanent Partial Disablement 4. Temporary Disablement for determining the amount of compensation