Workmen’s Compensation Act, 1923

Growing economy strives to grow the industries my advancements in the technologies. Many companies use new machineries. Operating some of machineries may involved some risk if they not operated in proper way. Training should be given to the employees who are involved in operating the machineries or technology.

After accidents during work the Employee may face permanent injury or temporary injury that reduces his/her earning capacity. In such situation the employer should pay fair compensation to the suffered employee. Many employees or workers in all the manufacturing organizations take hard efforts for the profit and growth of organization. These injuries in accidents may causes death. Compensation act attempts to recover from such situation or to compensate the losses the employee face in accident.

In the year 1921 local government addressed this issue and taken views of worker’s associations, employers and many authorities which are concerned. Government committee was working on this issue. In June, 1922 this committee finalized the matter to consider and try to form a rule. After getting number of opinions received by Government of India, the committee had informally illustrated the bill. After recommendation the committee then introduced the bill in the legislature.

Schedules under Compensation Act. 1923

Schedule-I: includes the list of injuries covered under Workmen’s compensation act.
Schedule-II: consist of rules provision which define the person or workmen under provision of section2(I)(n)
Schedule-III: describes the list of occupational diseases which covered under this act
Schedule-IV: includes factors for working out lump sum equivalent of the amount given under act in case permanent injury or death.

Following is the list of amending acts from 1924 to 2000

Employer or company is liable to pay the compensation in accordance to the Act under following conditions:

During the time of working and following the rules of company which securing the safety of workmen
Used the safety guard or other device while working if necessary to use.
Faced permanent injury or death due to accident while working
Employee should be as per schedule II
Employee if infected by occupational diseases, the disease should be as per Schedule III in which list of occupational diseases given.

Employer or company does not liable to pay the amount in following conditions

Employee when disobeyed an order expressly given or the rule expressly framed for the safety and security of workmen
Wilful avoided the use of safeguard or any other safety equipment or device which is mandatory to use while working
Employees consumed the drink(alcohol) or any other intoxicant while working
Employees suffered by any infection which is not as per schedule III of Workmen’s Compensation Act.
Employee filed the suit in the Civil Court against the company or employer.
Employer are liable to pay the compensation in-case of injury of employees due to accident during work. The injury can be permanent or temporary exceeding three days. Following are the provision under which the employer are not liable to pay the compensation

The Workmen’s Compensation Bill passed by the legislature on 5^th March, 1923. Employees compensation act, 1923 or Workmen’s compensation act 1923 permits and protect employee’s fair compensation after having accidental injuries during the work.

For example,

In chemical and steel industries, number of activities involves the risk of accidents. The workers always face such risk. After accidents at the time of compensation some companies avoid to pay the fair compensation under some circumstances. Employees who always take hard efforts in frontline, may need to face such worst situation. To avoid such worst situations, the Workmen’s Compensation Act, 1923 enacted. This act ensures the fair compensation the company should pay in-case when workers injured.

Facts defined and covered under Workmen’s Compensation Act, 1923

Types of Disability

Partial Disability: Partial disability should be as per section 2(g). The disability reduced the earning capacity of employee. Partial disabled or injury is provided under part 2 of Schedule I.

Occupational Diseases: Section3(2) describes the diseases the employee suffer due to work or working impact.

Permanent disability: Employees losses their working capacity or earning capacity due to permanent injury caused in accident during the working in company.

Death: No need to talk about the death. No need to provide the condition or provisions for death. Company should provide the compensation directly to the employee’s family if that employee died due to accident during working. Workmen’s Compensation Act. Protect some financial support to employee’s family if employee died due to accident.

Objectives

The objectives of providing compensation under occupational diseases is to provide some relief or compensation in-case of accidents during employment.
Provide the protection of employee losses the source or earning due to accidents or disease caused during working.
To maintain the standard of living or worker which he/she lost due to injury during the working in company
To provide the proper medical treatment and rehabilitation facility. Hospital, surgical and other medica expenses should be provided fairly to the suffered employees.
This act aims to reduce the accidents or mishaps and promote the employers or companies to implement the safety measures and provide all the necessary safety equipment or devices to the workers in order to increase their safety and security.

Administration

No provision included about the inspector. However, the state government or union territory administration can make the provision of inspector in order to implement the purpose of act effectively and properly.
The rights and powers of making or changing(improving) the rules are given to central Government. However, the state government can make the changes for their state only.
The name of the states is indicated in the act. These states can make changes in the rules under this Act (Annex-II).

Conclusion:

The Workmen’s Compensation Act, 1923 was established in order to provide the protection to the employees who suffer losses due to accidents during working. It also protects the employee earning capability if losses by mishaps during employment.
This act can promote or directs the employers to implements all the safety and security measures to avoid the accidents. Indirectly it protects employees’ source or earning and life security.
This act directs employee as well as employer to implement the rules and regulation while working. However, accidents happens, the provision gives rights to both of them to implement justice. After all the ultimate goal of Act is providing justice.

References