Employer liability for compensation - Employees Compensation Act(1923), Industrial Laws Video Lecture | Industrial Laws - B Com

hello friends in this video I'm going to
discuss what mans Compensation Act with
the objective 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 workman the
workmen's compensation Act enacted in
1923 however before discussing the
provisions let's understand first what
is meaning of workmen work man means any
person other than a person whose
employment is of a casual nature and who
is employed otherwise then for the
purposes of the employers trade or
business who is a railway servant as
defined in clause 34 of section 2 of the
Railway Act 1989 not permanently
employed in any administrative district
for sub-divisional office of a railway
and not employed in any such capacity as
is a specified initiative to for one a a
a master seaman or other member of the
crew of a ship a captain or other member
of the crew of an aircraft next a person
recruited as driver helper mechanic
cleaner or in any other capacity in
connection with a motor vehicle and a
person recruited for work abroad by a
company and who is employed outside
India in any such capacity as is
specified in Shadle ii and their ship
aircraft or motor vehicle or company as
the case may be
he is registered in India note hatch
doesn't apply
we are workmen
under yes I act since a workman is
entitled to get compensation from
employees State Insurance Corporation a
work man covered under ESI Act is not
entitled to get compensation under
workman's compensation act as per
section 53 of psi Act 1948 now the next
question is what is employer's liability
for compensation the employer of any
establishment covered under this act is
required to compensate and employ who
has suffered an accident arising out of
and in the course of his employment
resulting in two deaths for permanent
total disability or prominence partial
disability or temporary disablement
whether total or partial or who has
contracted and occupational disease
claims an employer is not liable for the
compensation in the following case an
employer is not liable for the
compensation in respect of any injury
which does not result in the total or
partial disablement of the workman for a
period exceeding three days next in
respect of any injury not resulting in
death caused by an accident which is
directly attributable to the worst men
having been at the time they're off
under the influence of drugs or the
willful disobedience of the work man to
an order expressly given or to a rule
expressly framed for the purpose of
securing the safety of workman or the
willful removal or disregard by the
workman of any safe
god or other device which he knew to
have been provided for the purpose of
securing deceptive of what men however
remember the burden of proving
intentional disobedience on the part of
the employee shall lie upon the employer
or when the employee has contracted a
disease which is not directly
attributable to a specific injury caused
by the accident or to the occupation or
when the employee has filed a suit for
damages against the employer or any
other person in a civil court further
accident arising out of and in the
course of employment an accident horizon
out of employment implies a casual
connection between the injury and the
accident and they work then in the
course of employment
therefore employment should be the
distinctive and the proximate cause of
the injury
however following are the three tests
for determining whether an accident
arose out of employment at this time of
injury workmen must have been engaged in
the business of the employer and must
not be doing something for his personal
benefit so the work must be of official
in nature not personal second that
accident occurred at the place where he
is performing his duties
it means the accident must be happen at
the workplace and he knew he must have
resulted from some risk incidental to
the duties of the service or inherent in
the nature or condition of employment
it means the nature of work must be of
such kind that is risky
now the question is how to determine
amount of compensation following are the
three criteria for determining the
amount of compensation in case of death
an amount equal to fifty percent of the
monthly weighs multiplied by the
relevant factor as given in chapter 4 of
the Act or rupees eight thousand
whichever is greater
second in case of permanent total
disability
it is sixty percent or rupees ninety
thousand which aver is greater and in
case of permanent partial disability
then the compensation is proportionate
to the disability arrived as at second
ever now the question is who are
entitled to receive compensation
Javed or or afferent other than a
widowed mother or a minor illegitimate
son for an unmarried illegitimate
daughter for a doubter legitimate or
illegitimate for adopted if married and
a minor for if vetoed and minor for a
minor brother for an unmarried sister
for a widowed sister if a minor or a
widowed daughter-in-law or a minor child
of a pre deceased son for a minor child
of a pre deceased daughter where no
parent of the child is alive for half a
turn or grandparent if no parent of the
workman is alive
so this is all about workmen's
compensation Act 1923
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