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raghu.rama

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Workmen's Compensation Under The Workmen's Compensation Act ,1923

The Workmen's Compensation Act, 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.

It provides for payment by certain classes of employers to their workmen compensation for injury by accident.

Who IS A Workman

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 employers trade or business) who is-

1. a railway servant as defined in section 3 of the Indian Railways Act, 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, or
2. 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 such contract is expressed or implied, oral or in writing.

The provisions of the Act have been extended to cooks employed in hotels, restaurants using power, liquefied petroleum gas or any other mechanical device in the process of cooking.

Employees Entitled To Compensation

Every employee (including those employed through a contractor but excluding casual employees), who is engaged for the purposes of employers business and 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.

Employer's liability for compensation

The employer of any establishment covered under this Act, is required to compensate an employee :

1. Who has suffered an accident arising out of and in the course of his employment, resulting into (i) death, (ii) permanent total disablement, (iii) permanent partial disablement, or (iv) temporary disablement whether total or partial, or
2. Who has contracted an occupational disease.

However The Employer Shall Not be Liable

1. In respect of any injury which does not result in the total or partial disablement of the workmen for a period exceeding three days;
2. In respect of any injury not resulting in death, caused by an accident which is directly attributable to-
1. the workmen having been at the time thereof under the influence or drugs, or
2. 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, or
3. the willful removal or disregard by the workmen of any safeguard or other device which he knew to have been provided for the purpose of securing the safety of workmen.
4. The burden of proving intentional disobedience on the part of the employee shall lie upon the employer.
5. when the employee has contacted a disease which is not directly attributable to a specific injury caused by the accident or to the occupation; or
6. the employee has filed a suit for damages against the employer or any other person, in a Civil Court.

Contracting Out

Any contract or agreement which makes the workman give up or reduce his right to compensation from the employer is null and void insofar as it aims at reducing or removing the liability of the employer to pay compensation under the Act.



Last edited by raghu.rama on Fri 24 Jun 2011 - 17:31; edited 1 time in total (Reason for editing : For adding additional information)

Club CEO

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Hello

This topic has to be posted under Labour Laws Category. Why are you posting topics under different category ?

WARNING 2

http://www.csstudentsclub.com

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