16-01-2013, 12:09 PM
Workman Compensation Act
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Objectives
The Workmen's Compensation Act, 1923, 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.
Scope and Coverage
The Act extends to the whole of India . The Workmen's Compensation (Amendment) Act, 2000. has brought all the workers within its ambit irrespective of their nature of employment i.e. whether employed on casual basis or otherwise than for the purposes of the employer's trade or business. For the first time, casual labourers will be provided compensation for death or disability. . Establishments which are covered by the Employees State Insurance Act, are outside the perview of this Act.
The coverage of this act is also to cooks employed in hotels and resturants.
Employees Entitled
Every employee including those employed through a contractor and also casual employees, who suffers an injury in any accident arising out of and in the course of his employment, shall be entitled for compensation under the Act. '
A person employed in a factory which is yet to commence production would not be deprived of the benefit of the provisions of the Act. The workman employed in a premises where manufacturing process is intended to be carried on is not necessarily required to be actually connected with manufacturing process. Any person engaged in such premises who is contributing for the intended manufacturing process would be deemed to be workman for the purpose of the Act.
Administrative Authority
The State Governments administer the provisions of this Act through the Commissioners appointed for specified areas. The State Governments also make rules for ensuring that the provisions of the Act are complied with.
Definition
DEPENDANT –
Dependant means any of the following relatives of a deceased workman, namely:
a widow, a minor legitimate or adopted son and unmarried legitimate or adopted daughter, or a widowed mother, and
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,
And any of the following wholly or partly dependent on the workman at the time of his death—
a widower, a parent other than a widowed mother, a minor illegitimate son, a unmarried illegitimate daughter, a widowed daughter in law, a minor child of the deceased son & daughter & a paternal grandparent if not the parent of the workman is alive.
COMPENSATION FOR DEATH
In case of death resulting from injury, the amount of compensation shall be equal 50% of the monthly wages of the deceased workman multiplied by the relevant factor.
Or an amount of Rs 80,000/- whichever is more.
Obligations of Employees
To send a notice of the accident in the prescribed form, to the Commissioner and the employer, within such time as soon as it is practicable for him. This notice is precondition for the admission of the claim for compensation.
To present-himself for medical examination, if required by the employer.