Workmen's Compensation Act 1923, workmen compensation act in hindi, labour welfare law b.com 5th Sem

Summary

In this video, the presenter provides a quick revision of key provisions of the Workmen Compensation Act, 1923, also known as the Employee Compensation Act. The video explains the employer's responsibility to provide compensation to workers in cases of personal injury, disability, or death during employment. It covers various types of disabilities (temporary, permanent, total, partial), occupational diseases, and the calculation methods for compensation, including recent amendments to the law. The video offers a detailed guide to understanding compensation amounts based on wage and disability status, ensuring employers and employees are aware of their rights and duties.

Takeaways

• 😀 The Workmen's Compensation Act, 1923, also known as the Employee Compensation Act, ensures compensation for employees who suffer injuries or occupational diseases while working.
• 😀 The Act mandates employers to provide compensation to workers or their dependents in case of death, permanent or temporary disability resulting from work-related accidents or diseases.
• 😀 Compensation is provided for both personal injuries caused by accidents and occupational diseases, such as chronic ailments caused by exposure to harmful substances like dust, fumes, or chemicals.
• 😀 Employers are responsible for compensation if a worker is injured or becomes ill during the course of their employment.
• 😀 The employer's liability for compensation is outlined under Section 3 of the Act, where it specifically covers personal injuries arising out of employment, including accidents and occupational diseases.
• 😀 Occupational diseases are chronic conditions resulting from a specific job or occupation that causes physical or psychological harm, such as lung diseases from working with compressed air or exposure to hazardous substances.
• 😀 Employers are not liable for compensation in certain cases, such as when injuries are minor and temporary (lasting less than three days), or if the employee was under the influence of drugs or alcohol at the time of the accident.
• 😀 The Act also excludes employer liability if the employee intentionally ignores safety instructions or removes safety devices provided to protect them from harm.
• 😀 Compensation for death is calculated based on the employee's monthly wages and age, with a relevant factor applied according to Schedule 3 of the Act.
• 😀 For permanent total disability, compensation is calculated at 60% of the employee’s monthly wages, with adjustments made based on the relevant factor or a flat sum of ₹1,400,000, as per recent amendments to the Act.
• 😀 Temporary partial disabilities are also compensated, and employers are responsible for reimbursing medical expenses and providing partial wages during the recovery period, subject to a maximum of five years.

Q & A

What is the Workmen's Compensation Act of 1923, and what is its purpose?

The Workmen's Compensation Act of 1923, also known as the Employee Compensation Act, provides compensation to workers or employees in case of injuries or occupational diseases that occur during their employment. The purpose of the act is to ensure that workers receive compensation for personal injuries or deaths caused by accidents or diseases arising from their work.

What conditions are covered under the Workmen's Compensation Act for compensation?

The act covers compensation for personal injuries caused by accidents, as well as certain occupational diseases that arise from the nature of the work, such as exposure to hazardous substances like dust, fumes, gases, or chemicals. It also covers psychological diseases caused by the work environment.

What is the employer's responsibility under the Workmen's Compensation Act?

Under Section 3 of the Act, the employer is responsible for providing compensation to workers who suffer injuries or occupational diseases during the course of their employment. This responsibility is based on the liability of the employer to ensure the worker’s safety and compensate them for any harm caused by accidents or diseases at the workplace.

What is an occupational disease, and how is it defined under the Act?

An occupational disease is defined under Section 3 of the Act as a chronic illness that occurs due to the nature of a person's job or occupation. This includes diseases caused by exposure to compressed air, harmful chemicals, or working in hazardous environments. The disease must be linked directly to the worker's employment and its conditions.

Under what circumstances is the employer not liable to pay compensation?

The employer is not liable for compensation if the injury or disease does not result in total or partial disability for more than three days, if the worker was under the influence of alcohol or drugs at the time of the accident, or if the worker willfully disobeyed safety rules designed to ensure the worker’s safety.

What are the different types of disabilities covered under the Act?

The Act covers two main types of disabilities: temporary disability and permanent disability. Temporary disability can be partial or total, where the worker cannot perform their duties for a limited time. Permanent disability can be partial, where the worker loses some ability to work, or total, where the worker loses the ability to work altogether.

How is compensation calculated in the event of a worker's death under the Workmen's Compensation Act?

Compensation for the death of a worker is calculated based on 50% of the deceased employee's monthly wages multiplied by a relevant factor, as specified in Schedule 4 of the Act. Alternatively, a flat sum of ₹1,200,000 may be paid. The higher of the two amounts is considered for compensation.

What is the method for calculating compensation in case of permanent total disability?

In the case of permanent total disability, compensation is calculated as 60% of the employee's monthly wages multiplied by a relevant factor. Alternatively, a fixed sum of ₹1,440,000 may be given. The higher of the two values is used for compensation.

What changes were made to the calculation of compensation by the 2017 amendments?

The 2017 amendments introduced changes to the compensation calculation, including an increase in the minimum wage for compensation purposes from ₹4,000 to ₹15,000. This revision also altered the formulas for compensation in cases of death and permanent total disability.

How does the Act handle temporary partial disability and its compensation?

In cases of temporary partial disability, the employer is liable to reimburse the actual medical expenses incurred for treatment. Additionally, the worker is entitled to half of their monthly wages during the period of disability, subject to a maximum of five years.