27 Procedure 07 Workmens Compensation Act 1923
27 Procedure 07 Workmens Compensation Act 1923
27 Procedure 07 Workmens Compensation Act 1923
&
Workmen’s Compensation Rules, 1924
Object: The objective of this Act is that in the case of an employment injury
compensation be provided to the injured workman and in case of his death to his
dependants.
When employer is not liable: In case the disablement of workman is three or less days;
except in case of death when the injury is caused due to influence of drink or drug taken
by the workman or upon his wilful disobedience to obey safety rules or removal of safety
guards by him.
Amount of compensation : (1) in case of death:- an amount equal to 50% of the monthly
wage multiplied by the relevant factor as given in Schedule IV of the Act or Rs. 80,000/-
whichever is more. (2) In case of permanent total disablement, it is 60% or Rs. 90,000/-
whichever is more and (3) In case of permanent partial disablement occurs then the
compensation is proportionate to the disability arrived as at (2) above.
Notice: An injured person or his dependants have to give a notice to the employer to pay
compensation.
Contracting out: Any contract or agreement whereby an injured person or his dependant
relinquishes or reduce his right to receive compensation is null and void to that extent.
Appeal: An appeal lie to the High Court against the orders of the Commissioner with
regard to the awarding or refusing to award compensation, or imposing interest or
penalty, or regarding distribution of compensation etc.