Workmen’s Compensation Act

PREPARED BY:-
Pranay Brahmbhatt(128)
Hitesh Solanki(178)
Mignesh Patel(164)
Nirav Patel(
Medical Examination
If an accident occurred, worker has to submit the
notice to the employer.
Employer has to appoint medical practitioner
within a three days of notice, and workmen
receive half monthly payment.
 If workmen refuse to submit the notice for
medical check-up then his rights to receive
compensation will be suspended for the period of
refusal and his right to receive compensation will
be suspended up till he comes back in vicinity of
place in which he was employed.
Conti…………
Compensation pays to his dependants.
If employee refuse to submit notice or
refuse to follow the instruction of doctor.
Dependants
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 of
workman, at the time of his death.
Conti……….
3) Following are also dependants if they are
wholly or partly dependant on earnings of
workman at the time of his death.
 widower
 parent other than widowed mother
 minor illegitimate son
 minor brother or unmarried sister
 widow daughter –in-law
 minor child of pre-deceased son
Liability of contractor towards workman
Where an employer takes the help of
contractor, in order to engage some
workmen, a workmen is entitle to claim
compensation from employer, if
following conditions are satisfied:-
 Conti………
 employer must have contracted with contractor
for execution of work in whole or on part.
 such work must be included in principles trade
or business and contract must be made for the
purpose of employers trade or business.
 Workmen employed in work must have been
injured by accident arising out of employment or
in course or employment.
 injury must have been caused to workman
within the employers premises.
Defenses available to employer against a
claim
1) defenses available to employers before
passing 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
 Conti…….
2) Defenses available to employers after passing
of 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:-
 The workmen was under the influence of drinks or drugs
at the time of accident.
 willful disobedience of workman in relation to safety of
workmen.
 willful removal of safety device or safety equipment which
he knew that it was necessary for his safety.
Conti……….
 In case of death of workman exceptions
namely:-

 In toxication by drinks or drugs

 willful disobedience of rules and orders
 willful removal of safety devices are not applicable
in case of fatal accident.
Accident
 personal injury by accident:-
 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 like
physiological and psychological injuries.
a) Out of employment:-
 Accident arising out of employment implies a
casual connection between the injury and the
accident and the work done in course of
employment.
Conti…….
b) In the course of employment:-

 it refers to whole of time a workman is carrying out

duties. It includes not only the time when he is
doing 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 as follows:-
Conti……
 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 of
employment to equip himself for work.