Dear All
Can any one help me to understand the workers compensation act or the calculations for the same? One of my employee met an accident in shop floor and we are thinking about give him some compensation and I need to calculate the same for my company.Kindly revert
Regards
Ravi
From India, Mumbai
1Can any one help me to understand the workers compensation act or the calculations for the same? One of my employee met an accident in shop floor and we are thinking about give him some compensation and I need to calculate the same for my company.Kindly revert
Regards
Ravi
From India, Mumbai
Dear Ravi,
You have to be more specific. There are four types of disablements that results in loss of earning capacity.
1. Temporary Partial Disablement
2. Temporary Total Disablement
3. Permanent Partial Disablement
4. Permanent Total Disablement
Please describe the place, nature and the injury suffered by the person. Was the person injured while he was in the course of employment.
Only if you give details we can respond to you more appropriately..
Regards
M.V.KANNAN
From India, Madras
You have to be more specific. There are four types of disablements that results in loss of earning capacity.
1. Temporary Partial Disablement
2. Temporary Total Disablement
3. Permanent Partial Disablement
4. Permanent Total Disablement
Please describe the place, nature and the injury suffered by the person. Was the person injured while he was in the course of employment.
Only if you give details we can respond to you more appropriately..
Regards
M.V.KANNAN
From India, Madras
Dear Ravi
Please check the Workmen Compensation Act, in which Schedule I in which you can find the percentage of Injury for each part of body and in Schedule IV the Age Factor is available. If the injury level is not avialable then the authorised Medical Practitioner will give the percentage of Injury and period of Disability.
Even you can ask the same to your area Labour Commissioner Office person who deals with WC Matters.
From India, Kumbakonam
Please check the Workmen Compensation Act, in which Schedule I in which you can find the percentage of Injury for each part of body and in Schedule IV the Age Factor is available. If the injury level is not avialable then the authorised Medical Practitioner will give the percentage of Injury and period of Disability.
Even you can ask the same to your area Labour Commissioner Office person who deals with WC Matters.
From India, Kumbakonam
Dear Mr.Ravi If you could give full details of the injury including the contents of the medical certificate probably I will be able to give my views. With regards
From India, Madras
From India, Madras
Dear Ravi..
In case of injury (Temporary Disablement) resulting in only absent from duty since the physician has suggested him only rest then as per Section 4 (d) : a half monthly payment of the sum equivalent to twenty five % of monthly wages of the workman, to be paid in accordance with the provision of sub-section (2).
Sub-section: (2): the half monthly payment shall be payable on the sixteenth day -
(i) from the date of disablement where such disablement lasts for a period of twenty-eight days or more, or
(ii) after the expiry of a waiting period of three days from the date of disablement where such disablement lasts for a period of less than twenty-eight days; and thereafter half-monthly during the disablement or during a period of five years, whichever period is shorter...
So in short we can say half monthly salary (payment) for this type of injury upto five year will be paid as compensation.
however if ur company wants to pay any amount beyond WC compensation, it can pay but that will not come under WC Act..
A WC calculator is attached herewith for further calculation in this subject..
Regards.
Jawed Alam.
From India, Dhanbad
In case of injury (Temporary Disablement) resulting in only absent from duty since the physician has suggested him only rest then as per Section 4 (d) : a half monthly payment of the sum equivalent to twenty five % of monthly wages of the workman, to be paid in accordance with the provision of sub-section (2).
Sub-section: (2): the half monthly payment shall be payable on the sixteenth day -
(i) from the date of disablement where such disablement lasts for a period of twenty-eight days or more, or
(ii) after the expiry of a waiting period of three days from the date of disablement where such disablement lasts for a period of less than twenty-eight days; and thereafter half-monthly during the disablement or during a period of five years, whichever period is shorter...
So in short we can say half monthly salary (payment) for this type of injury upto five year will be paid as compensation.
however if ur company wants to pay any amount beyond WC compensation, it can pay but that will not come under WC Act..
A WC calculator is attached herewith for further calculation in this subject..
Regards.
Jawed Alam.
From India, Dhanbad
Dear friends , What maximum basic shall consider for calculation WC? what is meaning of wages as per WC Act? what max WC amount to be given ? please help to search answers Vijay
From India, Pune
From India, Pune
dear sir Is the employee not covered by ESI, if so then employees compensation act will apply, however if ESI is appl then he will get the benefits under esi.
From India, Pune
From India, Pune
Dear Mr.Vijay
Even if the ESI Act is applicable to the organisation, if the employee/worker earns above Rs.15000 per month, he will not be covered by the ESI Act. He may be covered by the EC Act if he comes within the definition of the term "employee" as defined under the EC Act. The WC Act is now called the Employees Compensation Act.
With regards
From India, Madras
Even if the ESI Act is applicable to the organisation, if the employee/worker earns above Rs.15000 per month, he will not be covered by the ESI Act. He may be covered by the EC Act if he comes within the definition of the term "employee" as defined under the EC Act. The WC Act is now called the Employees Compensation Act.
With regards
From India, Madras
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Workers parents can get claim under Employees Compensation Act - Madras HC.pdf
EMPLOYER COMPENSATION AS PER W.C. ACT.doc