Emp Comp Act
Emp Comp Act
Emp Comp Act
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OBJECTIVES
Under this act an employer is liable to
discharge his liability for payment of
compensation to workers in case of
accidents involving injuries to them,
permanent total or partial, or temporary or
to their dependents in case of death.
The act also provides for a machinery to
deal with claims of the workers
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Application of WCA
Applicable to all railway servants including
casual labor and also labor employed by the
contractors for carrying out works.
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Compensation when payable
When the accident causing death/injury
arose “out of and in course of employment”
In case of injury it must cause a disablement
for a period of at least 3 days.
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Compensation payable
In case of temporary disablement the
employee is entitled for full monthly
payment for the first six months and
thereafter half monthly payment.
In case of permanent disablement or death,
a lump sum amount on the basis of
workmen’s monthly wages calculated as per
schedule IV given in the act.
The compensation is also payable for such
disabilities/death caused due to
occupational diseases as given in schedule
III of the act 6
Compensation payable
If the contractor’s labor is paid
compensation, the amount paid should be
recovered from his bills
There are four schedules under this act.
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Schedules
Schedule I :- indicates percentage loss of
earning capacity of a EMPLOYEE'S for various
types of injuries
Schedule II :- list of persons who are included
in the category of EMPLOYEE'S and entitled
for WCA
Schedule III :- list of occupational diseases
Schedule IV :- Relevant factors for working
out lump sum equivalent of compensation
amount in case of permanent disablement
and death
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Employer’s Pleas
The workmen was under the influence of
drug or drinks
Willful disobedience of orders or
disregard of rules made for safety of
workers.
Willful removal or disregard of any safety
guard or devise.
these pleas, however are not
applicable in case of the death of the
Workman.
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Amount of compensation payable
In case of death :- 50% of the monthly wages
of the deceased Employee X relevant factor or
one lakh twenty thousand rupees which ever is
more and Rs.5000 for funeral expenses.
Permanent total disablement :- 60% of the
monthly wages X relevant factor or one lakh
forty thousand rupees which ever is more.
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Amount of compensation payable
For Permanent partial disablement:
Proportionate percentage of item (ii) above
will be paid.
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Wage Limit
Where the monthly wages of Employee
exceeds 15000/- then his monthly wages for
the purpose of calculation of compensation
shall be deemed to be Rs.15000 only.
Agreements relinquishing right of
compensation to be null and void
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THANK YOU
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