EMPLOYESS COMPENSATION ACT 1923

by

DIVYANG HEMANT PATIL

BLS LLB, MMS (HR )
OBJECT OF THE ACT

To provide for the payment of compensation by

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

REPORT OF TOTAL AND SERIOUS BODILY INJURIES

MEDICAL EXAMINATION

EMPLOYMENT BY CONTRACTING
THANK YOU