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The objective of this Act is that in the case

of an employment injury compensation be

provided to the injured workman and in case

of his death to his dependants.

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Dependent means any of the following relatives ofa deceased workman, namely

(i) a widow, a minor legitimate or adopted son, and

legitimate or adopted daughter, or a widowed

mother and

(ii) if wholly dependent on the earnings of the

workman at the time of his death, a son or a

daughter who has attained the age of 18 years

and who is infirm.

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(iii) if wholly or in part dependent on the

earnings of the workman at the time of his

death

(a) a widower (b) a parent other than a widowed mother

(c) a minor illegitimate son, an unmarried

illegitimate daughter or a daughter

legitimate or illegitimate or adopted ifmarried and a minor or if widowed and a

minor

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(d) a minor brother or an unmarried sister or

a widowed sister if a minor,

(e) a widowed daughter-in-law,

(f) a minor child of a pre-deceased son,

(g) a minor child of a pre-deceased daughter

where no parent of the child is alive, or

(h) a paternal grandparent if no parent of

the workman is alive.

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If personal injury is caused to a workman by

accident arising out of and in the course of

his employment, his employer shall be liable

to pay compensation in accordance with theprovisions are followed

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Provided that the employer shall not be so liable

(a) in respect of any injury which does not result

in the total or partial disablement of theworkman for a period exceeding three days;

(b) in respect of any injury, not resulting in

death or permanent total disablement, caused

by an accident which is directly attributable to

(i) the workman having been at the time thereof

under the influence of drink or drugs.

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Any worker employed in any of a wide

variety of hazardous occupations who has

suffered an injury is eligible for

compensation. If he dies, his dependents canclaim the benefits provided by the Act. The

injury must disable him for more than 3

days, totally or partially. The disablement

means the loss in the earning capacity of aworkman in every employment which he was

capable of doing at the time of the

accidents.

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To get compensation for an occupational

disease, a workman must have been

employed in the specified occupation for a

continuous period of at least 6 months. If thecompensation is not paid within one month

after the date due, a simple interest at 6%

per annum on the arrears can be recovered

from the employer.

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1. In case of death: 40% of the monthly wage

of the deceased workman, multiplied by the

relevant factor or Rs. 20,000; whichever is

more.

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2. In case of total permanent disablement:

50% of the monthly wage, multiplied by the

relevant factor: or Rs. 24,000; whichever is

more.

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3. In case of partial permanent disablement:

The compensation is a percentage of that

payable in the case of total permanent

disablement. The earning capacity isdetermined by a qualified medical

practitioners.

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4. In case of (total or partial) temporary

disablement" A sum equal to 25% of the

monthly wages of the workman shall be paid

half-monthly.

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The minimum rate of compensation is

proposed to be raised from 50,000 to Rs.

80,000 for death and from Rs. 60,000 to Rs.

90,000 in case of permanent/totaldisablement.

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SNO. Description of injury % of loss of

Earning capacity

Part I

1. Loss of both hands 100

2. Loss of hand and a foot 100

3. Amputation of one leg/thigh

and loss of other foot 100

4. Loss of sight and unable to work 100 5. Very severe disfigurement 100

6. Absolute deafness 100

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7. Loss of hand or of thumb and

four fingers of one hand 60

8. Loss of thumb 30

9. Loss of thumb and itsmetacarpal bone 40

10. Loss of four fingers of one hand 50

11. Loss of three fingers of one hand 30

12. Loss of two fingers of one hand 20 13. Loss of terminal phalanx of thumb 20

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