State the salient features of workmen compensation act,1923
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The Objective:
To provide for the payment of compensation to the workmen for injury or accident.
This Act is one of the earliest Acts having come into force from 1st July, 1924. It extends to whole of India.
The salient features the Act in brief are as under.
Employer's Liability for Compensation:
a) A workman is entitled to get compensation from his employer if he is injured while on duty and
during the course of his employment with his employer.
b) If a workman dies due to the accident while of duty and during the course of his employment with his
employer, his dependents are entitled to receive the amount of compensation from his employer.
c) Occupational diseases: If a workman contacts occupational diseases enlisted in Schedule III of
this Act, while on duty and during the course of his employment with his employer, the said disease
shall be deemed to be an injury by accident. The workman or if dead, his dependents are entitled to
receive the amount of compensation from his employer.
d) Amount of Compensation:
(1) Temporary Disablement:
Where the disablement is temporary i.e. workman not being able to attend to duty for more than 3 days on account of injury is entitle to get compensation at the rate of a half monthly payment of the sum equivalent to twenty five percent of monthly wages of the workman. E.G. if workman's wages are Rs.500/- per month he will receive Rs.125/- for a fortnight i.e. 15 days or Rs. 8.33 p. per day and so on depending on his wages. If the disablement continues for more than 28 days therefrom days to be counted from the date of injury.
(2) Permanent total disablement:
The permanent total disablement is listed in Schedule I of the Act. Where the disablement is permanent and total the amount of compensation will be equivalent of fifty percent of the monthly wages of the injured workman multiplied by the relevant factor or an amount of twenty four thousand rupees
(Rs. 24,000/-) whichever is more.
(3) Death:
Where death results from an injury an amount equal to forty percent of the monthly wages of the deceased workman multiplied by the relevant factor or an amount of twenty thousand rupees
(Rs. 20,000/-) whichever is more.
NOTE:
1) For purpose of sub clause (2) & (3) above
'relevant factor' in relation to workman mean the factor
specified in schedule IV of the Act against the age of the workman.
2) Where the monthly wages of a workman exceed Rs.1,000/- his monthly wages for the purpose of
clause (2) & (3) shall be deemed to be Rs. 1,000/- only.
e) If Permanent partial disablement results from the injury :- such percentage of the
compensation which would have been payable in the case of permanent total disablement after
determining the loss of earning capacity caused by that injury
Recovery of Compensation:
1. If the employer fails to pay the compensation to a workman of fails to deposit the amount of compensation with the commissioner for Workmen's Compensation, or the Labour Court concerned, them the injured workman, either himself or through his representative, should send a notice of his claim or his employer mentioning therein the time, date, place and nature of accident, wage rate of the workman and the amount of compensation. In case of death of a workman , any of his dependents or his/her representative can send such notice with detailed information. A copy of the same should be sent to the Commissioner for Workmen's Compensation or the Labour Court concerned.
2. If the employer fails to settle the claim, the workman himself or any of the dependents of the deceased workman should file the application before the concerned court having jurisdiction to entertain the claim. This has to be done in form 'F' by the injured workman and in form 'G' by the dependent of the daceased workman.
3. The court fee is @ Rs.1/- per every Rs. 500/- or less amount of claim and paise 50 for claim of half monthly wages for temporary disablement.
4. Amount payable under this Act cannot be assigned or charged or be liable to attachment or be passed to any person other than the workman by operation of law nor shall any claim be set-off against the same. Only the amount which is paid towards half monthly wages during the period of disablement can be deducted from the amount of final settlement of claim.
5. The Court has power to award interest on the amount of compensation, cost and penalty.
6. If the employer fails to pay or deposit the amount of compensation awarded by the Court or admitted by the employer, them on application by the workman to the concerned court for recovery of the same, the court shall write to the collector and the same will be recovered as arrears of Land Revenue.
.............
Hope it helps you..
Pls Mark as Brainliast........
To provide for the payment of compensation to the workmen for injury or accident.
This Act is one of the earliest Acts having come into force from 1st July, 1924. It extends to whole of India.
The salient features the Act in brief are as under.
Employer's Liability for Compensation:
a) A workman is entitled to get compensation from his employer if he is injured while on duty and
during the course of his employment with his employer.
b) If a workman dies due to the accident while of duty and during the course of his employment with his
employer, his dependents are entitled to receive the amount of compensation from his employer.
c) Occupational diseases: If a workman contacts occupational diseases enlisted in Schedule III of
this Act, while on duty and during the course of his employment with his employer, the said disease
shall be deemed to be an injury by accident. The workman or if dead, his dependents are entitled to
receive the amount of compensation from his employer.
d) Amount of Compensation:
(1) Temporary Disablement:
Where the disablement is temporary i.e. workman not being able to attend to duty for more than 3 days on account of injury is entitle to get compensation at the rate of a half monthly payment of the sum equivalent to twenty five percent of monthly wages of the workman. E.G. if workman's wages are Rs.500/- per month he will receive Rs.125/- for a fortnight i.e. 15 days or Rs. 8.33 p. per day and so on depending on his wages. If the disablement continues for more than 28 days therefrom days to be counted from the date of injury.
(2) Permanent total disablement:
The permanent total disablement is listed in Schedule I of the Act. Where the disablement is permanent and total the amount of compensation will be equivalent of fifty percent of the monthly wages of the injured workman multiplied by the relevant factor or an amount of twenty four thousand rupees
(Rs. 24,000/-) whichever is more.
(3) Death:
Where death results from an injury an amount equal to forty percent of the monthly wages of the deceased workman multiplied by the relevant factor or an amount of twenty thousand rupees
(Rs. 20,000/-) whichever is more.
NOTE:
1) For purpose of sub clause (2) & (3) above
'relevant factor' in relation to workman mean the factor
specified in schedule IV of the Act against the age of the workman.
2) Where the monthly wages of a workman exceed Rs.1,000/- his monthly wages for the purpose of
clause (2) & (3) shall be deemed to be Rs. 1,000/- only.
e) If Permanent partial disablement results from the injury :- such percentage of the
compensation which would have been payable in the case of permanent total disablement after
determining the loss of earning capacity caused by that injury
Recovery of Compensation:
1. If the employer fails to pay the compensation to a workman of fails to deposit the amount of compensation with the commissioner for Workmen's Compensation, or the Labour Court concerned, them the injured workman, either himself or through his representative, should send a notice of his claim or his employer mentioning therein the time, date, place and nature of accident, wage rate of the workman and the amount of compensation. In case of death of a workman , any of his dependents or his/her representative can send such notice with detailed information. A copy of the same should be sent to the Commissioner for Workmen's Compensation or the Labour Court concerned.
2. If the employer fails to settle the claim, the workman himself or any of the dependents of the deceased workman should file the application before the concerned court having jurisdiction to entertain the claim. This has to be done in form 'F' by the injured workman and in form 'G' by the dependent of the daceased workman.
3. The court fee is @ Rs.1/- per every Rs. 500/- or less amount of claim and paise 50 for claim of half monthly wages for temporary disablement.
4. Amount payable under this Act cannot be assigned or charged or be liable to attachment or be passed to any person other than the workman by operation of law nor shall any claim be set-off against the same. Only the amount which is paid towards half monthly wages during the period of disablement can be deducted from the amount of final settlement of claim.
5. The Court has power to award interest on the amount of compensation, cost and penalty.
6. If the employer fails to pay or deposit the amount of compensation awarded by the Court or admitted by the employer, them on application by the workman to the concerned court for recovery of the same, the court shall write to the collector and the same will be recovered as arrears of Land Revenue.
.............
Hope it helps you..
Pls Mark as Brainliast........
Answered by
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Following are the salient features of the Workmen’s Compensation Act of 1923:
1. In the year 1923, the central government of India enacted a law called the Workmen’s Compensation Act of 1923, to ensure the social safety of the workers.
2. This act was implemented in response to the increasing danger to the life of the workers with the use of modern sophisticated machinery. It was announced in the bill that if any discrepancy takes place by with any worker while working in the factories, as a result of employer's negligence, then he would only be responsible for the compensation.
3. The main aim of this act was to provide the workmen and their wards with the payment of compensation in case any injury and accident (including several industrial illnesses) takes place during the working hours.
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