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Workmen's Compensation under The Workmen's Compensation act ,1923
EMPLOYEES ENTITLED TO COMPENSATION
Every employee (including those employed through a contractor but excluding casual employees), who is engaged for the purposes of employer?s business and who suffers an injury in any accident arising out of and in the course of his employment, shall be entitled for compensation under the Act.
EMPLOYER?S LIABILITY FOR COMPENSATION (ACCIDENTS)
The employer of any establishment covered under this Act, is required to compensate an employee :
a. Who has suffered an accident arising out of and in the course of his employment, resulting into (i) death, (ii) permanent total disablement, (iii) permanent partial disablement, or (iv) temporary disablement whether total or partial, or
b. Who has contracted an occupational disease.
CALCULATION OF COMPENSATION
The amount of compensation payable by the employer shall be calculated as follows:
(a) In case of death. - 50% of the monthly wages X Relevant Factor or Rs. 50,000, whichever is more. And Rs. 1000 for funeral expenses.
(b) In case of total permanent disablement Specified under Schedule I - 60% of the monthly wages X Relevant Factor or Rs. 60,000, whichever is more.
(c) In case of partial permanent disablement specified under Schedule I - Such percentage of the compensation payable in case (b) above as is the percentage of the loss in earning capacity (specified in Schedule I)
(d) In case of partial permanent disablement not specified under Schedule I .-Such percentage of the compensation payable in case (b) above, as is proportionate to the loss of earning Capacity (as assessed by a qualified medical practitioner).
(e) In case of temporary disablement (whether total or partial). - A half-monthly installment equal to 25% of the monthly wages, for the period of disablement or 5 years, whichever is shorter
Regards
Sreeni