What is the responsibility of the Employer on the occurrence of the accident? The Act has it that employers should have duties and obligations that include the welfare of workers after an injury resulting from employment in the same way they have reserved the right to make profits. Special provisions relating to master and seamen This Act shall apply in the case of workmen who are masters of ships or seamen subject to the following modifications namely:- The notice of the accident and the claim for compensation may except where the person injured is the master of the ship be served on the master of the ship as if he were the employer but where the accident happened and the disablement commenced on board the ship it shall not be necessary for any seaman to give any notice of the accident. Yes, only in non-fatal cases and such agreements shall be registered with the Commissioner by the parties as per Section 28 of the Act. Power to add occupational diseases in Schedule-Ill conferred also on the Central Govt. The Act does not cover employees employed in clerical capacity. Double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot 100 4.
Compensation deposited in respect of a deceased workman shall subject to any deduction made under sub-section 4 be apportioned among the dependants of the deceased workman or any of them in such proportion as the Commissioner thinks fit or may in the desecration of the Commissioner be allotted to any one dependant. In case of temporary disablement, payments equal to 25 % of the workers' wages shall be made at fortnightly intervals every two weeks. Disablement may be 1 partial, or 2 total. Chapter: Commissioners Section 19: Reference to Commissioners 1 If any question arises in any proceedings under this Act as to the liability of any person to pay compensation including any question as to whether a person injured is or is not a workman or as to the amount or duration of compensation including any question as to the nature or extent of disablement , the question shall, in default of agreement, be settled by a Commissioner. Diseases which are specified in part A,B. The medical Examination will indicate the nature of the disablement.
If the liability of the insurers is to be less than that of the original employers, then the worker can claim the balance amount from the insolvency proceedings. The payment may upon review, be continued, increased, decreased or ended or in case the injury has resulted in a permanent disablement converted into a lump sum -Sec. An illiterate person can have the application prepared under the direction of the Commissioner. Remedies of employer against stranger Where a workman has recovered compensation in respect of any injury caused under circumstances creating a legal liability of some person other than the person by whom the compensation was paid to pay damages in respect thereof the person by whom the compensation was paid and any person who has been called on to pay an indemnity under section 12 shall be entitled to be indemnified by the person so liable to pay damages of aforesaid 14. Where under sub- section 2 or sub- section 3 a right to compensation is suspended, no compensation shall be payable in respect of the period of suspension, and, if the period of suspension commences before the expiry of the waiting period referred to in clause d of sub- section 1 of section 4, the waiting period shall be increased by the period during which the suspension continues. .
Occupational Diseases:- Persons employed in certain occupations are liable to be attacked by certain diseases. Compensation is payable to workmen. The exercise and performance of the powers and duties of a local authority or of any department acting on behalf of the Government shalt, for the purposes of the Act, unless a contrary intention appears be deemed to be the trade or business of such authority or department. The coverage of this act is also to cooks employed in hotels and restaurants. Under this Act, a workman who dies or suffers disablement partial or total due to accident is entitled to get compensation from employer.
An employee is not entitled to get compensation only if a he was drunk or had taken drugs b he wilfully disobeyed orders in respect of safety c he wilfully removed safety guards of machines. . . . If an employer fails to pay the compensation within one month of the date on which it fell due, the Commissioner may direct the payment of simple interest thereon at 6%. Accidents to employees during their course of employment can result in financial damages to both the employee and the employer. .
Wages and Compensation: Human Resources Management The Workmen Compensation Act,1923 Wages and Compensation: Description about the workmen compensation act Definition of the Commissioner Definition of the Dependent - Definition of the Employer Definition of the Disablement, Definition of the Wages - Definition of the workman Definition of the Entitlement - Employer's liability under this act, Employer's shall not be liable under this act, - Conditions for receiving compensation, General principles regarding this act Payment of compensation to contract labour - Occupational Diseases Accident report under this act Statement of the fatal accident - Time frame of compensation Amounts may be paid directly to the workman or his dependent, Recent developments in this act - Video by Edupedia World www. Contracting Where any person hereinafter in this section referred to as the principal in the course of or for the purposes of his trade or business contract with any other person hereinafter in this section referred to as the contractor for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the principal the principal shall be liable to pay to any workman employed in the execution of the work any compensation which he would have been liable to pay if that workman had been immediately employed by him; and where compensation is claimed from the principal this Act shall apply as if references to the principal were substituted for references to the employer except that the amount of compensation shall be calculated with reference to the wages of the workman under the employer by whom he is immediately employed. . . Where temporary disablement, whether total or partial results from the injury.
Suppose that the monthly wage of the workman is Rs. Costs All costs incidental to any proceedings before a Commissioner shall subject to rules made under this Act be in the discretion of the Commissioner. In case the accident is the contracting of a disease the date of its occurrence is the first of the days during which the workman was continuously absent from work in consequence of the disablement caused by the disease. In case of permanent disablement, the amount is increased from Rs 90,000 to Rs 1. Occupational diseases- workers employed in certain occupations are exposed to certain diseases which are inherent in those occupation. Compensation to be first charge on assets transferred by employer.
In the application of the Act to Bengal, a new s. Original clause 4 omitted by Act 9 or 1938, sec. It is an aspect of occupational safety and health. In addition, funeral expenses upto Rs 2,500 are payable. For the diseases included in Part B, the employer is liable if a workman contracts it while in his service and if the workman has been in his service for a continuous period of six months. Form of application:No application for settlement of any matter by a Commissioner shall be made, if the parties have been able to settle it by agreement. In case of non-fatal accident the injured worker who suffered partial or permanent disablement and lost his earning capacity can file an application under the Act.
Employer's liability for compensation - An employer is liable to pay compensation if personal injury is caused to a workman by accident arising out of and in the course of his employment. Memorandum should not be obtained by fraud, undue influence or other improper means. Where the employer has so disclaimed liability, the Commissioner, after such enquiry as he may think fit, may inform any of the dependants of the deceased workman, that it is open to the dependants to prefer a claim for compensation, and may give them such other further information as he may think fit. All work involving exposure to the risk concerned. All work involving exposure to the risk concerned. At the time he drew a monthly wage of Rs. The doctrine of notional extension could not be placed in a strait jacket; it is merely a matter of sound common sense as to when and where and to what extent this doctrine could be applied.