Understanding the Employees' Compensation Act 1923: What's Changed and Why It Matters

Dear friends,

I am attaching a copy of the Employees' Compensation Act 1923 (earlier known as the Workmen Compensation Act 1923) as amended to date in Word format for your reference. It may be noted that as per the WC Amendment Act 2009, the word 'workman' has been replaced by 'employee' throughout the Act.

Regards,

Dear All,

Are General Manager Engineers covered under the Employees' Compensation Act?

Trushit Acharya

Can you elaborate more on the ESI Act? Please inform me, does it mean that all employees, irrespective of designation, are covered under the new ESI Act if they are drawing more than 15,000/- salary (otherwise not covered by ESI)?

Hi, can any of you post the Employees' Compensation Act of 1923 along with the footnotes? Also, the Employees' State Insurance Act (ESCI) and The Insurance Act of 1938 with footnotes. I have found a few PDF/doc files, but all are without the footnotes. Thanks.

If the company is in Pune, where do we have to deposit Workmen's Compensation? Is it with the WC commissioner or someone else?

Regards,
Govind Pawar

You may refer to the notification as well as the comparison of changes in the act.

Dear all,

I need some clarification on compensation. One of our staff members met with an accident in the factory premises, and he is not covered by ESIC. He has been absent from work due to this incident for 15 days. Could you please explain which section he is eligible for compensation under and provide details on the calculation?

Regards,
M. George

Burn injuries are treated as disabilities under the Employees' Compensation Act.

Please clarify whether burn injuries are treated as a disability under the Employees' Compensation Act.

Dear Labourmurthy,

Please provide the following information:

i) What was the nature of the work the person was assigned to do, and can you briefly explain how this accident happened?

ii) How was this injury inflicted?

iii) Was it 'in the course of employment'?

iv) Did the accident occur during 'duty hours,' inside the premises, or outside?

v) Was the person involved considered a 'workman' as per the act?

vi) Is this person covered under ESI?

vii) To what extent did this injury affect the 'working capability' of the person involved? If yes, has it been declared 'partial or permanent/temporary' disability?

viii) Is there any report by a competent doctor assessing the 'disability' and the awarded percentage?

Without proper clarifications to the above questions, it is not possible to provide an opinion on this matter. Additionally, please refer to the attached Hand note on Burn injury for your information and guidance.