1.
Introduction
The
growing complexity of industry with the increasing use of machinery and
consequent danger to workman along with the comparative poverty of the workmen
themselves rendered it advisable that they should be protected, as far as
possible, from hardship arising from accidents. The basic object of workmen’s
compensation Act, 1923 is to provide for the payment of certain classes of
employers to their workmen of compensation for injury by accident.
2.
Relevant Provisions
Following
are the relevant provisions of workmen compensation Act, 1923 regarding the
concerned topic
Section
3 and 4.
3. Employer’s Liability for Compensation
Essentials
Following
are the essentials to held employer liable under this section
i.
Causing of Personal Injury
The
must be some personal injury caused to the workmen. By virtue of sub-section
(2) of section 3, an occupational disease shall also deem to be an injury if it
specified either in Part A of schedule III or part B of Schedule III.
a.
Disease Mentioned in Part A of Schedule III:
If a
workman employed in any employment specified in Part A of schedule III
contracts any occupational disease specified therein, the employer shall be
liable.
b.
Disease Mentioned in Part B of Schedule III.
If a
workman employed in any employment for a continuous period of not less than six
months specified in Part B of Schedule III, and the contracts any disease
specified therein as an occupational disease, the employer shall be liable.
ii.
To the workmen
The
injury must be caused to someone who is a workman within the meaning of the
Act.
iii.
Injury by Accident
Injury
must be result of an accident. Accident may either mean some particular
occurrence happening at some particular time or it may even mean the cumulative
effect of series of accidents met by an employee in his work.
iv.
Arising out of employment
The
accident must arise out of the employment, which is to say, the employment must
be distinctive and the approximate cause of the injury.
Expression
arising out of employment applies to employment as such to its nature, it
conditions, its obligations and its incidents. A worker by reason of same if
brought within zone of special danger and so injured or killed the broad words
“arising out of the employment would apply.
v.
In the course of employment
The
accident must take place in the course of employment. It refers to the time and
the injury must occur during the subsistence of employment.
4.
Employer’s exemption from liability
Employer
shall not be liable to pay compensation to the workman in following cases.
a.
Injury not exceeding four days period
Where
the injury caused to the workman does not result in the total or partial
disablement for a period exceeding four days.
b.
Injury not resulted death and is attributed to workman
Where
the injury is not resulting in death and is directly attributed to workmen
under following situations,
i.
Under Influence of Drugs etc
If
the workman suffers from an injury at the time where the was under the
influence of drink or drugs the employer is not liable.
ii.
Willful Disobedience
Where
the workmen suffers from an injury by the willful disobedience of an order or
rule, which in for the purpose of securing the safety of workmen, the employer
is not liable. The disobedience must be willful, that is deliberate and
intended.
iii.
Willful removal of safety devices
where
the workman suffers from an injury by the willful removal or disregard of any
safety guard or other device which he knew to have been provided for the purpose
of securing the safety of workmen.
5.
Remedies available to the workman
An
injured workman has tow alternative remedies
i.
Filling of civil Suit
The
workman may sue his employer for damages in an ordinary civil court in which
case he forfeits his rights under the workmen’s compensation Act, 1923.
ii.
Proceed under workmen’s compensation act
The
workmen may proceed under the workmen’s compensation Act, and institute a claim
to compensation in respect of the injury before a commissioner.
6. Amount of compensation
a.
Where death Results
Where
death results from the injury to a workman in receipt of monthly wages falling
with the limits shown in the first column of schedule IV, which is not more
than Rs. 3000, and the amount shown against such limits in the second column
which is Rs. 200,000/-.
b.
Where permanent Total Disablement Result
Where
permanent total disablement results from injury to a workman in receipt of
monthly wages falling, within the limits shown in the first column of schedule
IV, which is not more than Rs. 3000 and the amount shown against such limit in
the third column thereof which is Rs. 2,00,000.
i.
Meaning of Permanent Total Disablement
When
a workman is incapacitated permanently from doing all work which he was capable
of performing at the time of accident such disablement is called permanent
total disablement and it also includes total loss of the sight of both eyes or
it may result from any combination of injuries specified in Schedule I where
the aggregate percentage as specified therein amounts to 100% permanent.
c.
Where permanent partial Disablement Result
Permanent
partial disablement means disablement as reduces the earning capacity in every
employment which he was capable of performing at the time of accident and every
injury specified in schedule I.
i.
Injury specified in Schedule I.
Where
permanent partial disablement results from the injury specified in schedule I
such as loss or thumb, such percentage of the compensation which would have
been payable in the case of permanent total disablement as it specified therein
as being the percentage of the loss of earning capacity caused by the injury.
ii.
Injury not specified in Schedule I
Where
permanent partial disablement results from the 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 permanently
caused by that injury under this clause, it is open to the commissioner to
independently estimate the loss of the earning capacity of a workman for
determining the compensation. Which would be comparably proportionate to the
standard laid down in case of permanent total disablement which is Rs. 200,000.
iv.
Where Temporary Disablement Result
Where
temporary disablement total or partial results from the injury the workman in
receipt of monthly wages falling within the limits shown in the first column of
schedule IV which is not more than Rs. 3000, shall be entitled to half-monthly
payment of the sum shown in the fourth column payable on the sixteenth day
after the expiry of four days waiting half-monthly payment during the
disablement or to a period of five years, whichever is shorter.
Conclusion
To
conclude, I can say that, the general principle of section 3 and 4 is to
protect workers from fatal accidents and make employers liable for endangering
the lives of workers. The commissioner is a competent authority to deterring
the compensation to be awarded to the workman in accordance with the provisions
of the act.
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