Workmen Compensation Act - find the compensation from his/her gross salary or basic salary? - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Boss2966
Industrial Relations
Prghr
Dy Manager Hr
+1 Other

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Dear Friends, Can any one share, while calculating the compensation benefits to the employees under workmen compensation act, we have to find the compensation from his/her gross salary or basic salary.

Please also give your comment my below calculations are right or wrong.

While the time of accident his age is 34 Yrs, he has lose his right eye vision fully, his gross salary is Rs.14,903/-

As per the WC Act, I have caculated the compensation amount is Rs.5,35,045/- { Gross Salary is Rs.14903*60% = 8942{60% of his gross salary} * factor for his age is 199.45 {as per WC Act} = 17,83,482/- {8942*199.45} the percentage of loss Schedule I Part II is 30%}

I hope the above my calculations are right, please give your suggesstion & also please provide any one for format of affidavit for giving this compensation by the employer.

Regards

PRGHR
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Dear PRGHR
Have you informed about the accident to the concerned authorities and WC Commissioner office. Please approach the WC Commissioner Office and show the calculation made by you. If they tell it is right, then make a DD and submit the same. If you seek guidance from others, then your WC Commissioner may not accept the calculation and he may demand for more compensation amount.
Dear PRGHR,
If you don't mistake me, I would like to make an objective suggestion: before raising a basic question of law, you should refer to the relevant provisions of the particular law yourself and make it clear at what point you have difficulty of understanding.Now, please go through the definition of 'wages' in clause 2 (m) of the Employees Compensation Act,1923 and make a decision.
Even if the wages is above Rs 8000/- except for temporary disablement the salary deemed as Rs 8000/- and calculation of compensation is based on this limit.Your case is permanent disablement.Wages means gross wages including privileges or benefits capable of estimated in terms of money except TA,Travelling concessions,PF contribution etc.
Varghese Mathew
09961266966
Dear All,
Thanks for the suggestion.
Dear Sir {Umakanthan.M}
Thanks for your kind adivce, I have gone through the WC Act & I came to know the meaning of Wages. As oper the WC Act employer has to calculate the compensation from GROSS SALARY ONLY not from BASIC SALARY.
Dear Prghr,
I think your calculation is excessive.
Since the employee's monthly wages is above Rs8000-00, it should be limited to Rs.8000/= only as per the explanation II to Sec.4(1) w.e.f 31-05-2010. The relevant factor for 34 yrs of age is 199.40. Disability is 30%
Therefore, Compensation= 60% of 8000 i.e.= 4800X30/100X199.40
= Rs2,87,136-00
Pl, reverify.
Dear Sir {Umakanthan.M}
Thanks for your kind information, I will check the same through relevant books & get back to you. If you have any format for statutory settlement through compensation please send me. It enable me to pay the compensation to the workmen.
In addition to the amount of compensation, pl add up the actual medical expenses rendered by the workman.
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