My question is under which section of the Workmen's Compensation Act is applicable to workmen earning wages above 10001/-. If anyone knows, please call me on 9923396082. Prashant Shinde (Maharashtra)
From India, Pune
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From India, Pune
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Dear Prashant,
Kindly refer to Schedule II under Workmen's Compensation Act, 1923 to see if the workmen fall under its purview. The wage limit of Rs. 10,001 is applicable for ESI and not WC.
[Laws - Workmen's Compensation Act - Schedule 2](http://vakilno1.com) *[link updated to site home]*
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Regards,
SC
From India, Thane
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47Kindly refer to Schedule II under Workmen's Compensation Act, 1923 to see if the workmen fall under its purview. The wage limit of Rs. 10,001 is applicable for ESI and not WC.
[Laws - Workmen's Compensation Act - Schedule 2](http://vakilno1.com) *[link updated to site home]*
([Search On Cite](https://www.citehr.com/results.php?q=Laws Workmen 8217 s Compensation Act Schedule 2) | [Search On Google](https://www.google.com/search?q=Laws Workmen 8217 s Compensation Act Schedule 2))
Regards,
SC
From India, Thane
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Dear Let me know the ceiling limit for pay ment under wc and also the salary limit. Also explain the meth0d of calculation. NAGESWARA RAO.P.V.
From India, Bangalore
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From India, Bangalore
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The schedule given is outdated. Presently, all employees, whether doing clerical or technical jobs, are covered under the Workmen's Compensation Act.
There is no salary ceiling for coverage. The role of ESI is also not provided for under the Act. It should be understood that it is the responsibility of the employer to pay compensation to employees who meet with accidents that may result in death or permanent disabilities while performing their duties. This liability of the employer is borne by the Employees' State Insurance Corporation if the employer is covered by the ESI Act, and the employee who met with an accident or died was an ESI-covered employee. This means that in respect of an employer who is not covered by ESI, the liability under the WCA will still be there even if the salary of the employee is less than Rs 10,000. Note that ESI coverage is applicable to employees drawing a salary up to Rs 15,000 and not Rs 10,001.
Compensation is calculated taking into account a factor provided in Schedule IV of the Act, which is based purely on the age of the workmen who met with the accident or died while on duty. The factor is multiplied by 50% of the worker's salary. The maximum salary for this purpose is considered as Rs 8,000. This means that if the salary of the deceased employee is more than Rs 8,000, then for the purpose of determining the compensation amount, it will be considered as Rs 8,000, and 50% of that (i.e., Rs 4,000) will be multiplied by the relevant age factor. The age factor varies from 228.54 for an employee not over the age of 16 years to 99.37 for an employee over 65 years of age.
In the case of permanent disability, 60% of wages is multiplied by the same age factor instead of 50% as in the previous case.
Regards,
Madhu.T.K
From India, Kannur
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There is no salary ceiling for coverage. The role of ESI is also not provided for under the Act. It should be understood that it is the responsibility of the employer to pay compensation to employees who meet with accidents that may result in death or permanent disabilities while performing their duties. This liability of the employer is borne by the Employees' State Insurance Corporation if the employer is covered by the ESI Act, and the employee who met with an accident or died was an ESI-covered employee. This means that in respect of an employer who is not covered by ESI, the liability under the WCA will still be there even if the salary of the employee is less than Rs 10,000. Note that ESI coverage is applicable to employees drawing a salary up to Rs 15,000 and not Rs 10,001.
Compensation is calculated taking into account a factor provided in Schedule IV of the Act, which is based purely on the age of the workmen who met with the accident or died while on duty. The factor is multiplied by 50% of the worker's salary. The maximum salary for this purpose is considered as Rs 8,000. This means that if the salary of the deceased employee is more than Rs 8,000, then for the purpose of determining the compensation amount, it will be considered as Rs 8,000, and 50% of that (i.e., Rs 4,000) will be multiplied by the relevant age factor. The age factor varies from 228.54 for an employee not over the age of 16 years to 99.37 for an employee over 65 years of age.
In the case of permanent disability, 60% of wages is multiplied by the same age factor instead of 50% as in the previous case.
Regards,
Madhu.T.K
From India, Kannur
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Respected Shri Madhu Sir,
I am in confusion about establishments where ESI is covered but employees who are not covered under the ESI act in the same establishment. Do they have any privilege of insurance statutorily? If not, then why?
For example, as per Schedule II of the E.C. Act, all employees except the Director of the company are entitled to compensation under the act. What about employees whose salary is over 15000/- per month and the establishment is covered by ESI? What about the insurance of that particular employee?
Sir, please clarify.
Mangesh Wakodkar Sr. Executive HRD
From India, Pune
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I am in confusion about establishments where ESI is covered but employees who are not covered under the ESI act in the same establishment. Do they have any privilege of insurance statutorily? If not, then why?
For example, as per Schedule II of the E.C. Act, all employees except the Director of the company are entitled to compensation under the act. What about employees whose salary is over 15000/- per month and the establishment is covered by ESI? What about the insurance of that particular employee?
Sir, please clarify.
Mangesh Wakodkar Sr. Executive HRD
From India, Pune
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Those employees who are out of coverage of ESI will get the benefit mentioned in the Workmen's (Employees) Compensation Act. The Act directs that the employer should create a life insurance policy by contributing every year an amount to make funds available to meet compensation in case of death or disablement.
Regards, Madhu.T.K
From India, Kannur
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Regards, Madhu.T.K
From India, Kannur
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Dear Madhu, 1) Any establishment can obtain Workmen Compensation policy if establishment covered under ESI scheme. 2) Any ESI eligible worker can take benefits from Workmen compensation. Shyam
From India, Mumbai
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From India, Mumbai
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Shyam, I didn't get you. Are these your statements? If so, I do not have any other opinion that an establishment can have workmen compensation policy even if it is covered by ESI, but I don't think that any establishment would wish to pay compensation in addition to what has been paid by the ESIC.
Regards, Madhu.T.K
From India, Kannur
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Regards, Madhu.T.K
From India, Kannur
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Hi,
One of our employees met with an accident while traveling for work and has undergone surgery due to temporary disablement. We are covered under accident insurance as well. I want to know how else we can compensate the employee and how to calculate the monthly amount. Also, we are a chartered accountant firm, so do these laws apply to us?
Please guide.
Thanks,
AK
From India, Pune
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One of our employees met with an accident while traveling for work and has undergone surgery due to temporary disablement. We are covered under accident insurance as well. I want to know how else we can compensate the employee and how to calculate the monthly amount. Also, we are a chartered accountant firm, so do these laws apply to us?
Please guide.
Thanks,
AK
From India, Pune
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A chartered accountant's firm is not a shop, and hence the Employees' Compensation Act may not be applicable to your establishment. If applicable, there is no monthly payment, but depending upon the earning capacity of the employee, an amount is fixed and paid. The Act has a schedule that shows how much is the amount payable. Under normal circumstances, the amount is decided by the appropriate Authority under the Act, i.e., the Commissioner for Workmen's Compensation.
Regards,
Madhu.T.K
From India, Kannur
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Regards,
Madhu.T.K
From India, Kannur
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Dear Seniors,
I have some queries regarding the WC policy and GPAI policy. Can someone clear my doubt regarding the same? Some of our employees have crossed the ESI coverage, and we have taken the GPAI policy with a sum assured of Rs. 200,000 each. On the other hand, our client intends for us to take the WC policy instead of GPAI. I would like to know if it is mandatory to take the WC policy even though we already have the GPAI policy.
Is there any section or schedule in the WC Act of 1923?
From India, Bhubaneswar
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I have some queries regarding the WC policy and GPAI policy. Can someone clear my doubt regarding the same? Some of our employees have crossed the ESI coverage, and we have taken the GPAI policy with a sum assured of Rs. 200,000 each. On the other hand, our client intends for us to take the WC policy instead of GPAI. I would like to know if it is mandatory to take the WC policy even though we already have the GPAI policy.
Is there any section or schedule in the WC Act of 1923?
From India, Bhubaneswar
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Workmens Compensation Act 1923.doc
The Workmen's Compensation Act 1923.pdf