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SANTOSH KUMAR SHARMA
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` Now the workmens compensation Act has been
amended by the workmens compensation Act-
2009 and it has become THE EMPLOYEES
COMPENSATION ACT.` The word workman has been replaced by the
word employees.
` Amount of compensation has been increased.
` Some services repealed from second schedulewhile some added.
` So an attempt has been made to cope up with the
emerging needs of the society.
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` THIS ACT IS THE IMPORTANT PIECE OF SOCIALLEGISLATION.
` EMPLOYER IS LEGALLY RESPONSIBLE FOR WORK
RELATED INJURIES AND DEATHS.` THIS ACT IS WRITTEN IN SIMPLE LANGUAGE TO
UNDERSTAND.
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` THE CONCERNED PERSON MUST BE A
WORKMAN.(EMPLOYEE)
` THAT THE INJURY OR DEATH HAD ARISEN OUTOFF OR DURING AND IN THE COURSE OF
EMPLOYMENT.
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` ITS COVERED FOR ALL OFFICIALDUTIES
` IF YOUR BOSS INSTRUCTS YOU TO DOANY WORK APART FROM YOURUSUAL SCOPE OF WORK, ITS
OFFICIAL.
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` COMMISSIONER: means a commissioner
appointed for this Act under Section-20.
` MINOR: means a person who has not attained the
age of 18 years.
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` COMPENSATION is the lump-sum provided to the
workman in case of death, permanent disablement
or temporary disablement.
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Any of the following relatives of a deceased
workman,namely
` A widow,a minor,an unmarried daughter,a
widowed mother` A son or daughter who is major but infirm and
wholly depend upon father
` A widower
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` A parent other than a widowed mother
` A minor illegitimate son,an unmarried illegitimate
daughter or if married and minor or wodowed and
minor` A minor brother,an unmarried sister or a widowed
sister if minor
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` A widowed daughter in law,
` A minor child of predeceased son,
` A minor child of a pre deceased daughter where
no parent alive.` A paternal grand-parent if no parent of the
workman is alive.
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` A body of persons whether corporated or not
and any managing agent of an employer and
the legal representative of a deceasedemployer and when services of a workman are
temporarily lent or let on hire to another person
under a contract for work or
apprenticeship,such other person for whom heis working.
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` Means any person who is
1.Railway servant as defined therein.
2.A captain, master, seaman or other member of a
crew3.A person recruited as driver,helper,machanic
cleaner or in any other capacity.
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4.A person recruited by the company to work
abroad.
5.Employed in any such capacity as defined in
schedule II of the this Act.
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` Includes any privilege or benefit which is
capable of being estimated in money,
But it does not include travelling allowance
Or the value of any travelling concession or a
contribution
Any sum paid to cover any special expense
entitle due to nature of empl.
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`TEMPORARY
`PERMANENT
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` Means such disablement which reduces the
earning capacity of a workman in any employment
in which he was engaged at the time of theaccident resulting in the disablement.
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Means such disablement which reduces the earning
capacity in every employment which he was
capable of undertaking at that time:
Every injury provided in PART-ii of Schedule-I shallbe deemed in permanent partial disablement
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` Means such disablement, whether of a temporary
or permanent nature as incapacitates a workman
for all work which he was capable or performing at
the time of the accident resulting in suchdisablement.
` Injury to be total disablement must be amounted
to one hundred percent or more
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` 3 & MORE CONSECUTIVE DAYS.
` LESS THEN 3 DAYS WORK -MAN]S DOES NOT COVER.
` MUST PRODUCE MEDICAL
CERTI ICATE.
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` DUE TO INFLUENCE OF DRINK OR DRUGS
` THE WILLFUL DISOBEDIENCE OF THE
WORKMAN SPECIALLY GIVEN TO THESECURITY OF THE WORKMAN.
` THE WILFUL REMOVAL OR DISREGARD BY
THE WORKMAN OF ANY SAFETY GUARD OR
OTHER DEVICES KNOWN TO HIM OF SAFETYPURPOSE.
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` INJURIES RESULTING IN DEATH
` INSJURIES RESULTING IN PERMANENT TOTAL
DISABLEMENT.
` INJURIES RESULTING IN PERMANENTPARTIAL DISABLEMENT.
` INJURY RESULTING IN TEMPORARY
DISABLEMENT WHETHER TOTAL OR PARTIAL.
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` Where death results from the injury the amount of
compensation shall be an amount equal to fifty
percentof the monthly wages of the deceased
workman multiplied by the relevant factorOr
` An amount of rupees1,20,000 whichever is more.
` Rupees 5,000 funeral expenses.
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` Where permanent total disablement results from
the injury the amount of compensation shall be
equal to 60% of the monthly wages of the injured
workman mutiplied by the relevant factorOr
` An amount of Rupees 1,40000 whichever is more.
` Reimbursement of actual medical expenses
incurred during treatment.
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` Permanent partial disablement either caused by
injuries specified in part II of schedule I or caused
by injuries other than specified therein.
` Such percentage of compensation which wouldhave been payable in the case of permanent total
disablement as is specified therein as being the
percentage of the loss of earning capacity caused
by that injury.
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` But where such permanent partial disablement is
caused by injury other than specified in schedule I
such percentage of the compensation payable in
the case of permanent total disablement as isproportionate to the loss of earning capacity as
assessed by the qualified medical practitioner.
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` Temporary disablement whether total or partial
results from the injury the compensation shall be
paid for a half monthly payment of the sum
equivalent to 25%` This half monthly payment shall be paid on the
16th day
` From the date of disablement where such
disab.lasts for a period of less than 28 days ormore
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` The amount of compensation is to be calculated
with reference to wages of the workman.
` Where the workman has worked continuously for
12 month before the accident; 1/12th
.` Where the whole of the continuous period of
service immediately before the accident shall be
the average wages being earned by a workman
employed on the same work by the sameemployer, or in the same locality.
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` In other cases the monthly wages shall be thirty
times the total wages earned in respect of last
continuous period of service,divided by the
number of days comprising such period.` A service is said to be continuous where the gap
or interruption by way of absence is not more than
14 days.
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` The condition of disability may change later on
and they may review the earning capacity. The
compensation is dependent on the loss of earning
capacity.` It may be on the following grounds:
1.Wages increased.
2. Wages diminished
3.Fraud or undue influence.4.Mistake or error apparent on the face of record.
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` U/S-20.
` The state govt. by notification in the gazette.
` Any person who is qualified as per the
requirements.` May specify the area
` Where more than one commissioner are
appointed for the same area distribution of
business among them may be specified.
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