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
From India, Delhi
18Please 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
From India, Delhi
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.
From India, Kumbakonam
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.
From India, Kumbakonam
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.
From India, Salem
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.
From India, Salem
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
From India, Thiruvananthapuram
Varghese Mathew
09961266966
From India, Thiruvananthapuram
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.
From India, Salem
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.
From India, Salem
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The Workmen's Compensation Act 1923.pdf
Workmen's Compensation Act 1923.doc