Workmens Compensation Act

Topics: Employment, Injury, Tort law Pages: 3 (832 words) Published: April 7, 2013
* The Workmen’s Compensation Act, 1923 is one of the earliest labour welfare and social security legislation enacted in India. It came into force from 1st July, 1924.  It aims to provide workmen and/or their dependents some relief in case of accidents arising out of and in the course of employment and causing either death or disablement of workmen. It recognizes the fact that if a workman is a victim of accident or an occupational disease in course of his employment, he needs to be compensated. SCOPE, COVERAGE AND APPLICABILITY

* The Act extends to the whole of India except the States/Union Territories of Arunachal Pradesh, Mizoram, Nagaland, Sikkim and Daman & Diu and Lakshadweep. * The Act applies to workers employed in any capacity specified in Schedule II of the Act which includes Factories, Mines, Plantations, Mechanically Propelled Vehicles, Construction Work and certain other Hazardous Occupations and specified categories of Railway Servants. Basically the Act is confined to industries which are more or less organized. * The Workmen's Compensation (Amendment) Act, 2000 has brought all the workers within its ambit irrespective of their nature of employment i.e. whether employed on casual basis or otherwise than for the purposes of the employer's trade or business. Casual labourers are also provided compensation for death or disability. The coverage of this act is also to cooks employed in hotels and restaurants. * Establishments which are covered by the Employees State Insurance Act, are outside the purview of this Act. EMPLOYERS LIABILITY FOR COMPENSATION

An employer is liable to pay compensation to workman for-
* Personal injury by accident- An employer is liable to pay compensation to workman if personal injury is caused to him by accident arising out of & in the course of his employment. * Occupational diseases- He is liable to workers employed in certain occupations who are exposed to certain diseases...
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