Workmen Compensation Act 1923
Presented By, Trupti Kokane (10MPM 006) Rajashree Patil (10MPM 018) Trupti More (10MPM021) Harishchandra Pawar (10MPM062) Snehal Chhallani (10MPM064)
Contents
1. 2. 3. 4. 5.
History
Definations
Scope and Coverge Employers Liblites for Compensation Various Amendments
History
Prior to the passing of the Workmens Compensation Act, the position was
very unsatisfactory. The employer was liable to pay compensation only when the injury was caused to the worker on account of his (employers)negligence, & here also, the employer could escape liability on any of the following grounds: * The doctrine of common employment. * The doctrine of assumed risks.
* The doctrine of contributory negligence.
The
Workmen's Compensation Act defines the rights of both employers
and workers regarding compensation for injuries or accidents.
The
Workers Compensation Act, aims to provide workmen and/or their
dependents some relief in case of accidents arising out of and in the course of employment and causing either death or disablement of workmen.
DEFINATIONS
1. 2.
Dependant [Sec.2(1)(d)] Employer [Sec.2(1)(e)]
3.
4. 5.
Employer Disablement[Sec. 2(1)(g) ,Sec. 2(1)(L)]
Wages [Sec.2(1)(m)] Workman [Sec.2(1)(n)]
DEPENDANT
[Sec.2(1)(d)] Dependant means any of the following relatives of a deceased workman, namely:
(I)
a widow, a minor legitimate or adopted son and
unmarried legitimate or adopted daughter, or a widowed mother.
(II)
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 infirm.
(III)And
any of the following were wholly or partly
dependent on the workman at the time of his death
CONT....
A. B. C.
a widower, a parent other than a widowed mother,
a minor illegitimate son, a unmarried illegitimate
daughter or a daughter legitimate or illegitimate or adopted if married & a minor or if widowed & minor,
D.
a minor brother or an unmarried sister or a widowed sister
if a minor, a widowed daughter-in-law,
E.
F.
a minor child of pre-deceased son & daughter where no
parent of the child is alive & a paternal grandparent if not the parent
alive.
G.
of the workman is
EMPLOYER
A.
[Sec.2(1)(e)] "employer" includes Any body of persons whether incorporated or not; Any managing
agent of an employer; and The legal representative of a
deceased employer. and, when the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, means such other person while the workman is working for him;
DISABLEMENT
A.
Disablement Disablement means loss of capacity to work or to move. Disablement of workman may result in loss or reduction of his earning capacity. In the later case, he is not able to earn as much as he used to earn before his disablement. Disablement may be (1) partial, or (2) total. Further it may be (i) permanent, or (i) temporary.
PARTIAL DISABLEMENT
A.
2(1)(g) This means any disablement as reduces the earning capacity of a workman as a result of some accident. It may
be temporary or permanent. Temporary partial disablement
means any disablement as reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in the disablement. Permanent partial disablement is one which reduces the
earning capacity of a workman in every employment
which he was capable of undertaking at that time of injury.
TOTAL DISABILEMNT
A.
2(1)(L) Total disablement means such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident
resulting in such disablement .
WAGES
A.
[Sec.2(1)(m)] wages includes any privilege or benefit which is capable of being estimated in money, other than a travelling allowance or the value of any travelling concession or a contribution
paid by the employer a workman towards any
pension or provident fund or a sum paid to a workman to cover any special expenses entailed on him by the nature of his employment.
WORKMAN
A.
[Sec.2(1)(n)] workman means any person who is- (a) a railway servant as defined in clause (34) of section 2 of the Railways Act, 1989 (24 of 1989), not permanently employed in any administrative, district or subdivisional office of a railway and not employed in any such capacity as is specified in Schedule II, or (b) a master, seaman or other member of the crew of a ship,
etc It does not include a person whose employment is of
casual nature.
SCOPE AND COVERAGE
A. B.
The Act extends to the whole of India. It applies to workmen employed in factories, mines, plantations, transport establishments, construction work, railways, ships, circuses, & other hazardous occupations
& employments specified in Schedule II to the Act.
C.
The coverage of this act is also to cooks employed in hotels and restaurants.
D.
The Act does not apply to members of Armed Forces, organizations which are covered by the ESI Act, 1948
EMPLOYERS LIABILITY FOR COMPENSATION
The provisions have been made in section 3 of this act for fixing the liability of an employer to pay the compensation to a workman working in his establishment. Section 3 is as under:
1.
If personal injury is caused to a workman by
accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provision of chapter ll.
Provided that the employer shall not be liable:
(a)
In respect of any injury which does not result in the total or partial disablement of the workman for a period three days. exceeding
(b)
In respect of any injury, not resulting in death, or permanent total disablement caused by an accident which is directly
attributable to:
i.
The workman having been under the influence of drugs or drink at the time thereof; or
ii.
The wilful disobdience on the part of the workman to an order expressly framed, for the purpose of securing of workman, or
iii.
The willful removal or disregard by the workman of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of workmen.
2.
If a workman employed in any employment in schedule
3 contracts any disease peculiar to that emplyoment,then
he is deemed to be injured by accident and if such employment was under more than one employer ,all such employer shall be liable for the payment of the compensation in such proportion as the commissioner
may,
3.
No compensation shall be payable to a workman in respect of any disease unless the disease is directly attributable to the specific injury by accident arising out of & in the course of employment,
Thus the provisions of sec3(5) imply that an injured
workman can either file a civil suit for damages caused
to him against the employer or he can claim for compensation therein. A workman has to make a choice between these two reliefs. He cannot have double payments. The employer is also protected from double
proceedings.
Provisions of sec 3 For an employer to be liable to pay compensation to this
employee to whom personal injury is caused by an
accident when on duty, the following conditions must be satisfied.
a)
b) c)
Personal injury is caused to a workman
such personal injury is caused by an accident
Such an injury is arisen out of and in the course of his
employment.
a) personal injury : it is provided in the act that the compensation must be paid for any personal injury if caused when on duty provided that other conditions are satisfied
b) personal injury must be caused by an accident : here an
accident means some unexpected or unfortunate event caused during employment of the workman. Such accident may have occurred because of negligence on the part of workman. c) Accident arising out of and in course of employment : it
suggests a casual connection between the personal injury and
the accident that has taken place and also the work done in the couse of employment.
Amendments
The Workmens The Workmens The Workmens The Workmens The Workmens Compensation Act 1933 Compensation Act 1938 Compensation Act 1939 Compensation Act 1958 Compensation Act 1958 (1959)
