Workmen’s Compensation Act presentation

8/7/2019 Workmens Compensation Act presentation

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Medical ExaminationMedical Examination

y If an accident occurred, worker has tosubmit the notice to the employer.

y Employer has to appoint medicalpractitioner within a three days of notice,and workmen receive half monthly payment.

y If workmen refuse to submit the notice formedical check-up then his rights to receivecompensation will be suspended for the

period of refusal and his right to receivecompensation will be suspended up till hecomes back in vicinity of place in which hewas employed.


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y Compensation pays to his dependants.

y If employee refuse to submit notice or

refuse to follow the instruction of doctor.


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DependantsDependants

y Three categories:-

1) Following relations are dependants A

widow, A minor legitimate son, An

unmarried legitimate son, An unmarried

legitimate daughter, widow mother.

2) Following are the dependants if they are

wholly dependants on earnings ofworkman, at the time of his death.


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Liability of contractor towardsLiability of contractor towards

workmanworkmany Where an employer takes the help of

contractor, in order to engage some

workmen, a workmen is entitle to claim

compensation from employer, if followingconditions are satisfied:-


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employer must have contracted withcontractor for execution of work in whole oron part.

such work must be included in principlestrade or business and contract must be madefor the purpose of employers trade orbusiness.

Workmen employed in work must have beeninjured by accident arising out of employmentor in course or employment.

injury must have been caused to workmanwithin the employers premises.


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Defenses available to employerDefenses available to employer

against a claimagainst a claim1) defenses available to employers beforepassing the act:-

The doctrine of assumed risk

The doctrine of common employment

The doctrine of contributory negligence

The doctrine of personal actions ends

with death


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2) Defenses available to employers after passingof act:-

if injury is resulting in death or permanent

disablement caused by an accident. if injury, not resulting in death but is direct

result of:-x The workmen was under the influence of drinks or

drugs at the time of accident.x willful disobedience of workman in relation to safety of

workmen.

x willful removal of safety device or safety equipmentwhich he knew that it was necessary for his safety.


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In case of death of workman exceptions

namely:-

x In toxication by drinks or drugs

x willful disobedience of rules and orders

x willful removal of safety devices are not applicable

in case of fatal accident.


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AccidentAccident

personal injury by accident:-x employer is liable to workman for personal injury

caused to him by accident arising out of and in the

course of employment. It includes all injuries likephysiological and psychological injuries.

a) Out of employment:-x Accident arising out of employment implies a

casual connection between the injury and theaccident and the work done in course of

employment.


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b) In the course of employment:-

x it refers to whole of time a workman is carrying

out duties. It includes not only the time when he isdoing allotted work, but also the time when he is

at a place where he would not be put for his

employment. Normally factory hours are from 9.00

am to 6.00 pm but exceptions to this are asfollows:-


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The time of transport provided by

employer to employee for the purpose of

going to and from the place of work.

The time when worker is in factory

premises but not actually working.

Period of rest provided to employee

When workman reaches the place ofemployment to equip himself for work.

Workmen’s Compensation Act presentation

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