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workmen compensation act, 1923

 

Coverage of Workmen

According to Sec. 1(3) "All workers irrespective of their status or salaries either directly or through contractor or a person recruited to work abroad."

Employer's liability to pay compensation to a workman

According to Sec. 3 "On death or personal injury resulting into total or partial disablement or occupational disease caused to a workmen arising out of and during the course of the employment."

Amount of compensation

  • Where death of a workman results from the injury - An amount equal to fifty per cent of the monthly wages of the deceased workman multiplied by the relevant factor on an amount of eighty thousand rupees, whichever is more.

  • Where permanent total disablement results from the injury.
  • An amount equal to sixty per cent of the monthly wages of the injured workman multiplied by the relevant factor or an amount  of ninety thousand rupees, whichever is more.


  • Procedure for calculation Higher the age – Lower the compensation

     

  • Relevant factor specified in second column of Schedule IV giving slabs depending upon the age of the concerned workman.
  • Example: In case of death.
  • Wages Rs.3000 PM ; Age 23 years.
  • Factor as schedule IV Rs.19.95.
  • Amount of compensation Rs.329935.
  • In case of total disablement Rs.395910.
  • When an employee is not liable for compensation

     

    • In respect of any injury which does result in the total or partial disablement of the workman for a period exceeding three days.
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    • In respect of any injury, not resulting in death or permanent total disablement caused by an accident which is directly attributable.
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    • The workman having been at the time thereof under the influence of drink or drugs.
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    • Willful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of workmen.
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    • 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 workman.
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    Sec.3 (a) & b
    Wages

    When the montly wages are more than Rs.4000/- per month it will be deemed Rs.4000/-. Sec.4 Exh.b

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