Workman Compensation Act 1923

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 sphere 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 laborers will be provided compensation for death or disability. Establishments which are covered by the Employees State Insurance Act, are outside the preview of this Act. The coverage of this act is also to cooks employed in hotels and restaurants.

I. PRELIMINARY
Clause (a) omitted w.e.f. 1-6-1959 (b) "Commissioner" means a Commissioner for Workmen's Compensation appointed under Section 20;

(c) "Compensation" means compensation as provided for by this Act;

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(d) "Dependent" means any of the following relatives of a deceased workman namely: (i) a widow a minor legitimate or adopted son an unmarried legitimate or adopted daughter or a widowed mother; and (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;

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(iii) if wholly or in part dependant on the earnings of the workman at the time of his death (a) a widower (b) a parent other than a widowed mother (c) a minor illegitimate son an unmarried illegitimate daughter or a daughter legitimate or illegitimate or adopted if married and a minor or if widowed and minor (d) a minor brother or an unmarried sister or a widowed sister if a minor

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(e) a widowed daughter-in-law

(f) a minor child of a pre-deceased son

(g) a minor child of a pre-deceased daughter where no parent of the child is alive or (h) a paternal grandparent if no parent of the workman is alive;

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Explanation: For the purpose of sub-clause (ii) and items (f) and (g) of sub-clause (iii) references to a son daughter or child include an adopted son daughter or child respectively. (e) "Employer" (f) "Managing agent"

(ff) "Minor" means a person who has not attained the age of 18 years;

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(g) "Partial disablement (h) "Prescribed" means prescribed by rules made under this Act (i) "Qualified medical practitioner"

Clause (j) omitted by Act 15 of 1933

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(k) "Seaman" means any person forming part of the crew of any ship but does not include the master of the ship; (l) "Total disablement" (m) "Wages" includes any privilege or benefit which is capable of being estimated in money

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It excludes: A travelling allowance or the value of any travelling concession or A contribution paid by the employer of 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.

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(n) "Workman" means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business) who is (i) a railway servant as defined in Section 3 of the Indian Railways Act 1890 (9 of 1890) not permanently employed in any administrative district or sub-divisional office of a railway and not employed in any such capacity as is specified in Schedule II:(a) a master seaman or other member of the crew of a ship.

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(b) a captain or other member of the crew of an aircraft (c) a person recruited as driver helper mechanic cleaner or in any other capacity in connection with a motor vehicle (d) a person recruited for work abroad by a company and who is employed outside India in any such 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;

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(ii) employed in any such capacity as is specified in Schedule II whether the contract of employment was made before or after the passing of this Act and whether the contract is expressed or implied oral or in writing; but does not include any person working in the capacity of a member of the Armed Forces of the Union; and any reference to a workman who has been injured shall where the workman is dead includes a reference to his dependants or any of them.

II. WORKMENS COMPENSATION

3.Employer's liability for compensation
1. If personal injury is caused to a workman by accident arising out of and in the course of his employment . Employer shall not be so liable : 1. Any injury which does not result in the total or partial disablement of the workman for a period exceeding three days.

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2. Any injury not resulting in death or permanent total disablement caused by an accident which is directly attributable to : a. workman is under the influence of drink or drugs.

b. the 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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(iii) The willful removal or disregard by the workman of any safety guard or other device he knew to have been provided for the purpose of securing the safety of workman. 2. If a workman employed in any employment specified in Part A of Schedule III.

3. The Central Government or the State Government after giving by notification in the Official Gazette not less than three months' notice of its intention so to do may by a like.

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notification add any description of employment to the employments specified in Schedule III. 4. As provided by sub-Sections (2), (2A) and (3) no compensation payable in respect of any disease unless the disease is directly attributable to a specific injury by accident arising out of and in the course of his employment.

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5. Employer deemed to confer any right to compensation on a workman in respect of any injury if he has instituted in a civil court a suit for damages in respect of the injury. No suit for damages shall be maintainable by a workman in any court of law in respect of any injury: 1. already instituted a claim before a Commissioner.

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2. if there is an agreement between the workman and his employer.

4. Amount of compensation

(a) where death results from the injury an amount equal to fifty per cent of the monthly wages of the deceased workman multiplied by the relevant factor; or an amount of 80 thousand rupees whichever is more;

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(b) 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 90 thousand rupees whichever is more. (c) where permanent partial disablement results from the injury: 1. If specified in Part II of Schedule I such percentage of the compensation which.

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would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earning capacity caused by that injury. 2. If specified in Schedule I such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (as assessed by the qualified medical practitioner) permanently caused by the injury

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Explanation I: Where more injuries than one are caused by the same accident the amount of compensation payable under this head shall be aggregated but not so in any case as to exceed the amount which would have been payable if permanent total disablement had resulted from the injuries.

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Explanation II: In assessing the loss of earning capacity for the purpose of sub-clause (ii) the qualified medical practitioner shall have due regard to the percentages of loss of earning capacity in relation to different injuries specified in Schedule I;

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(d) where temporary disablement whether total or partial results from the injury a half monthly payment of the sum equivalent to twenty five per cent of monthly wages of the workman to be paid in accordance with the provisions of sub-Section (2). Sub-section(1A) 1. An accident occurred outside India. 2. The half-monthly payment

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lasts for a period of 28 days or more: payable on the 16th day from the date of disablement such disablement . for a period of less than 28 days : After the expiry of a waiting period of three days from the date of disablement.

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(3) On the ceasing of the disablement before the date on which any half monthly payment falls due, there shall be payable in respect of that half monthly a sum proportionate to the duration of the disablement in that half month.

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(4) In the case of death the employer shall in addition to the compensation under sub-Section (1) deposit with the Commissioner a sum of two thousand five hundred rupees for payment of the same of the eldest surviving dependant of the workman

4A. Compensation to be paid when due and penalty for default

(1) Compensation under Section 4 shall be paid as soon as it falls due. (2) In cases where the employer does not accept the liability for compensation to the extent claimed he shall be bound to make provisional payment based on the extent of liability which he accepts and such payment shall be deposited with the Commissioner or made to the workman as the case may be without prejudice to the right of the workman to make any further claim.

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Where any employer is in default in paying the compensation the Commissioner shall: (a) Direct that the employer shall in addition to the amount of the arrears pay simple interest thereon at the rate of twelve per cent annum or at such higher rate not exceeding the maximum of the lending rates of any scheduled bank as may be specified by the Central Government by notification in the Official Gazette on the amount due; and

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(b) If in his opinion there is no jurisdiction for the delay direct that the employer shall in addition to the amount of the arrears and interest thereon pay a further sum not exceeding fifty per cent of such amount by way of penalty. "scheduled bank" means a bank for the time being included in the Second Schedule to the Reserve Bank of India Act 1934 (2 of 1934).

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(3A) The interest payable under sub-Section (3) shall be paid to the workman or his dependant as the case may be and the penalty shall be credited to the State Government.

5. Method of calculating wages

In this Act and for the purpose thereof the expression "monthly wages" means the amount of wages deemed to be payable for a months' service and calculated as follows namely: -

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1. where the workman has during a continuous period of not less than 12 months immediately preceding the accident been in the service of the employer who is liable to pay compensation the monthly wages of the workman shall be 1/12 of the total wages which have fallen due for payment to him by the employer in the last 12 months of that period.

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(b) where the whole of the continuous period of service immediately preceding the accident is less than 1 month the monthly wages of the workman shall be the average monthly amount which during the twelve months immediately preceding the accident was being earned by a workman employed on the same work by the same employer or if there was no workman so employed by a workman employed on similar work in the same locality.

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(c) In other cases including cases in which it is not possible for want of necessary information to calculate the monthly wages under clause (b) the monthly wages shall be thirty times the total wages earned in respect of the last continuous period of service immediately preceding the accident from the employer who is liable to pay compensation divided by the number of days comprising such period.

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Explanation: A period of service shall for the purposes of this Section be deemed to be continuous which has not been interrupted by a period of absence from work exceeding fourteen days.

6. Review
1. Any half-monthly payment payable under this Act either Under an agreement between the parties or Under the order of a Commissioner. reviewed by the Commissioner on the application either Of the employer or Of the workman. accompanied by the certificate of a qualified medical practitioner

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(2) Any half-monthly payment may on review under this Section subject to the provisions of this Act be continued increased decreased or ended or if the accident is found to have resulted in permanent disablement be converted to the lump sum to which the workman is entitled less any amount which he has already received by way of half-monthly payments.

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