Workmens Compensation Act

1923

INTRODUCTION
Workers' compensation is a form of insurance that provides compensation medical care for employees who are injured in the course of employment, in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The tradeoff between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain plans.

WAY OPEN TO WORKMEN FOR CLAIMING COMPENSATION. An injured workmen may either file a civil suit for damages or can claim under compensation under the workmen compensation act,1923.

 Workman
Section 2(1) n defines workman as A railway servant as defined in Railways Act 1989 except those who are permanently employed in an administrative office. a master, seaman, or any crewman of a ship. captain or a crew member of an aircraft. driver, mechanic, cleaner, helper or employed to any task related to motor vehicles. a person recruited for work abroad by a company. Exception: A member of the armed forces is not a workman.

Examples: A porter even though not included in schedule II. Narayanan vs Southern Railway - Kerala 1980 Working for 24 days in a month on daily wages. Hastimal vs Arjunan - Madras 1993.Dunbar and Associates, LLC Bill

DEFINITIONS
1.COMMISSIONER SEC 2(1)(b) 2.DEPENDENT SEC 2 (1)(D) 3.EMPLOYER SEC 2(1)(E)
4.DISABLEMENT
a). Partial disablement sec 2(1) (g) b).total disablement sec 2(1)(L)

WHO IS COVERED BY WORKERMENS COMPENSATION ACT

All employees are covered. Agricultural workers, and in many cases, domestic staff, such as cleaning people and gardeners. who work in private residences are exempt from coverage. Most states require employers to purchase worker's compensation insurance to cover every employee even if they have only one employees.

Types of covered injuries

accidental injury Repetitive stress include illnesses

EMPLOYERS LIABILITY FOR COMPENSATION

. Section

3 says that an employer is liable to pay compensation if a personal injury is caused to the workman due to an accident arising out of and in the course of employment. Thus, the following conditions must be satisfied to claim compensation: Personal injury must have been caused to a workman. The personal injury must have been due to an accident. The accident must have arisen out of and in the course of employment. The injury must have resulted in death or the worker must have received total or partial disability at least for 3 days due to the injury.

 The following are the excuses or conditions in which an employer is not liable to pay any compensation: If the injury did not cause total or partial disablement for more than 3 days. If the injury did not result in death or permanent total disablement and
The worker was under the influence of drinks or drugs. The worker willfully disobeyed the orders expressly given or a rule expressly framed for the safety of the workman. The worker willfully did not wear or removed protective gear as required to work while having known that such devices exist and were available.

Arya Muni vs Union of India 1965.

AMOUNT OF COMPENSATION
1.Compensation for death[sec 4(1)(a):50*monthly wages *relevant factor/100 or Rs.50,000 whichever is more.

2.Compensation for permanent total disablement[sec

4(1)(b):60*monthly wages *relevant factor/100 or 60,000.whichever is more.

3.Compensation for permanent partial disablement[sec

4(1)(c)]:-

4.Compensation for temporary disablement-total or

partial.sec[4(1)(d)and 3.

Benefits
The Workmen's Compensation Act also establishes the types of benefits available to injured workers. Benefits include disability payments, death benefits, disfigurement payments and medical costs. Specific rules for recovering benefits vary by state. In many cases, temporary or permanent disability benefits are paid according to a disability rating or disability index. Some workmen's compensation statutes list schedules of benefits. .

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Some famous cases: R B Moondra and Co vs Mst Bhanwari - AIR 1970 Raj Manager western rail,kota vs.Smt shamsadi. Ranibala vs. east Indian rail. Mohan lal prabhuram vs. Fine knitting mills co.

Thanks for your attendance.