Workmen Compensation Act - Compensation Management - Lecture Slides, Slides of Compensation and Reward Management

Download Workmen Compensation Act - Compensation Management - Lecture Slides and more Slides Compensation and Reward Management in PDF only on Docsity! The Workmen’s Compensation Act, 1923 1 Objectives • Compensation in case of accidents to workmen and/or their dependents • arising out of and in the course of employment? • Death or disablement (partial or total). 2 Partial-Total disablement-2.1(l) Total disablement – disablement, whether temporary or permanent as, – incapacitates for all works which workmen was capable of performing at the time of accident. Permanent partial disablement:- Reduction of earning capacity in every employment which Workman was capable of undertaking at time of injury. 5 Workman[Sec.2(1)(n)] • Driver, helper, mechanic, cleaner or in any other capacity in connection with a motor vehicle • Recruited for work abroad and who is employed outside India in any capacity as is specified in Schedule II and the ship aircraft or motor vehicle or company as the case may be is registered in India or; • Employed in any such capacity as is specified in Schedule II.(Excludes Clerical Nature & casual Employees) 6 Employer[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. 7 Employer is not Liable For Compensation • Disablement for three days or less; • Injury(not resulting in death or permanent total disablement) directly attributable to – Influence of drink or drugs, or – Willful disobedience of order given, or rule framed for the purpose of securing the safety of workmen, or – Willful removal or disregard by the workman of Safety equipments, guard or other devices provided for the purpose of safety which he knew to have been securing the safety of workmen • Debarring:-If covered in ESI act, Not entitled to any benefit in any other Act.(sec61 of ESI Act) 10 Doctrine of Notional Extension: • Notional Extension of work-hours and work- place. • to include an area which the workman passes and re-passes in going to and in leaving the actual place of work. • To be treated as in the course of his employment even though he had not reached or had left his employer's premises. • Doctrine of notional extension could not be placed in a strait jacket. A matter of sound common sense as to when and where and to what extent this doctrine could be applied. 11 Compensation Amount [Sec4] • The amount of compensation payable to a workman depends on the nature of injury, the monthly wages(Ceiling of Rs 4000/) and the relevant factor for working out amount of compensation as specified in Schedule IV. (ranging from 228.54 at 16 Yrs to 99.37 at 65 yrs. At 18Yrs-226.38, At 60yrs-117.41) • No distinction in adult and a minor. 12 Compensation For Permanent Total Disablement • 60% of the monthly wages multiplied by the relevant factor or Rs 90,000/- thousand whichever is more. 15 Compensation For Permanent Partial Disablement in case of an injury specified in part II of the schedule I, amount of compensation in Proportion to loss of earning capacity in case of an injury not specified in schedule I, the loss of earning capacity to be assessed by a qualified medical practitioner. 16 Compensation For Temporary Disablement(Total or Partial) • half monthly payment of the sum equivalent to 25% of the monthly wages of the workman • Payable from 16th from the date of disablement . • If disablement lasts 28 days or more, for total period of disablement • In other cases excluding three days of waiting period. 17