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Business Environment and Law-Workmen’s Compensation Act, 1923

Occupational Disease - Workmen’s Compensation Act, 1923

   Posted On :  15.05.2018 05:37 am

Sub-section (2) declares that the contracting of an occupational disease by a workman shall be deemed to be an injury by accident within the meaning of Section 3, and unless the contrary is proved, the accidents shall be deemed to have arisen out of, and in the course of employment.

Occupational Disease
 
Sub-section (2) declares that the contracting of an occupational disease by a workman shall be deemed to be an injury by accident within the meaning of Section 3, and unless the contrary is proved, the accidents shall be deemed to have arisen out of, and in the course of employment.
 

Employer Not Liable

 
Section 3(1) of the Act has mentioned the following circumstances in which the employer is not liable to pay compensation to a workman for personal injury caused by accident: They are,
 
1. In respect of any injury which does not result in the total or partial disablement of the workman 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
 
i. The workman having been at the time of the accident, under the influence of drink or drugs.
 
ii. 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 workman; or

iii. The willful removal or disregard by the workman of any safety guard or other device, which he knew to have been provided for the purpose of securing the safety of workman.
 
3. According to sub-section (4) of Section 3, if the occupational disease is not directly attributable to a specific injury by accident arising out of and in the course of his employment.
 
4. According to sub-section (5), if the injured workman has instituted a suit in a civil court for damages in respect of the injury, against the employer or any other person, and
 
5. If the accident causing injury or death did not arise out of and in the course of the workman’s employment.
 

Amount Of Compensation

 
The amount of compensation payable to a workman depends on
 
1. The nature of the injury caused by accident;
 
2. The monthly wages of the workman concerned; and
 
3. The relevant factor for working out lump-sum equivalent of compensation amount as specified in Schedule IV (as substituted by the Amendment Act of 1984).
 
There is no distinction between an adult and a minor worker with respect to the amount of compensation.
 
Now Section 4 (as substituted by the Amendment Act of 1984) provides for compensation for
 
1. Death;
 
2. Permanent total disablement;
 
3. Permanent partial disablement;
 
4. Temporary disablement, whether total or partial.

 

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