| Purpose & Object | The Workmen’s Compensation Act,
1923 has been enacted to provide payment of compensation to workmen or
their dependants in case of injury / accident arising out of and in the course of
employment and resulting in disablement or death. Workmen’s Compensation Act, 1923 has been remaned as 'Employees' Compensation Act, 1923' vide Workmen’s Compensation (Amendment) Act, 2009 |
| Applicability | The Workmen’s Compensation Act, 1923
extends to whole of India. It applies to workmen employed in factories, mines, plantations, mechanically propelled vehicles, construction works and certain other hazardous occupations in any such capacity as is specified in Schedule II of the Act; It applies to persons recruited for working abroad and who is employed outside India in any such capacity as is specified in Schedule II of the Act. It also applies to a person recruited as driver, helper, mechanic, cleaner or in any other capacity in connection with a motor vehicle and to a captain or other member of crew of an aircraft. |
| Eligibility |
The workmen or their dependants shall be entitled for compensation under the Act in
case of injury / accident arising out of and in the course of employment and
resulting in: Death or Permanent Total Disablement or Permanent Partial Disablement or Temporary Disablement (whether total or partial) |
Determination of Compensation
Subject to provisions of this Act, the amount of compensation depends upon nature of the injury,
average monthly wages and age of the workmen and the same is determined on the following basis:
| Cases | Amount of Compensation |
| Death resulting from injury | Amount equal to 60% of the monthly wages of the injured workman multiplied by the relevant factor or an amount of 90,000/-whichever is more. |
| Permanent Total Disablement resulting from injury |
in case of
injury specified in Part II of Schedule I, such percentage of the compensation which
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, and in case of injury not 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. |
| Temporary Disablement, whether total or partial, resulting from injury | Half-monthly payment of the sum equivalent to 25% of monthly wages of the workman, to be paid in accordance with the provisions of section 4(2). |
We are Labour Law Consultants and at PCS, we provide following services in compliance to
the provisions of Workmen's Compensation Act, 1923:
Providing day to day
consultancy on matters pertaining to Workmen Compensation;
Assistance in
determination of nature of injury as per provisions of the Act like Temporary Partial
Disablement, Permanent Partial Disablement, Total Disablement;
Preparation &
Submission of notices of accidents / serious bodily injuries with the commissioner;
Assistance in medical
examination of workmen;
Assistance in
determination / calculation of amount of compensation payable to workman;
Complying special
provisions of the Act as applicable on master & seamen, captains & other members of crew of
aircrafts, workmen of companies working abroad;
Preparation &
Submission of return of compensation
Preparation &
Maintenance of notice – book;
Ensuring / Assistance
in complying various provisions of the Act related to disclosures, notices, displays,
deductions, forfeiture etc.;
Replying / Satisfying
Show Cause Notices issued by Inspector / Commissioner;
Representing
establishments before Inspector / Commissioner;
Assistance at the time
of inspection and search of any premises by Inspector;
Representing
establishments at the Inquiries conducted by the inspector.
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