WORKMEN COMPENSATION ACT now

changed as EMPLOYEES
COMPENSATION ACT
AUGUST 14, 2010
THE WORKMENS COMPENSATION ACT, 1923.
AMENDMENT ACT- 2000 now changed as EMPLOYEES
COMPENSATION ACT 1923. (RBE 61/2011 dated 11-05-
2011)

Workman is substituted by Employee means any person who
is
(i) a railway servant not permanently employed in any
administrative, district or sub-divisional office of a railway and or
not employed in any such capacity as specified in Schedule II, or
(ii) a master, seamen or other member of the crew or a
ship,
(iii) a captain or other member of the crew of an aircraft,
(iv) a person recruited as driver, helper, mechanic, cleaner
or in any other capacity in connection with a motor vehicle.
(v) A person recruited for work abroad by a company,
(vi) Employed otherwise than in a clerical capacity in
connection with the operation (repair) or maintenance of a lift or
vehicle propelled by steam or other mechanical power or by
electricity or in connection with the loading and unloading of any
such vehicle; or
(vii) Employed in any premises wherein or within the
precincts of manufacturing process as per section II of factory
Act.
(viii) Employed upon a Railway either directly or through a
sub-contractor ,
(ix) Employed as an Inspector, Mail Guard,
Etc.
Casual labour employed in Railways are governed under this act
and entitled for compensation.
Compensation:
(a) Where the death results
from the injury :
An amount equal to 50% of the wages of the
deceased workman multiplied by the relevant factor
or an amount of Rs Eighty thousand whichever is
more.
(b) where permanent or total
disablement results from the
injury
An amount equal to 60% of the wages of the
deceased workman multiplied by the relevant factor
or an amount of Rs Ninety thousand whichever is
more.
(c) where permanent partial
disablement results from the
injury
Based on the percentage of loss of earning capacity
caused by the accident if the injury is specified in part
II of Schedule I, and in case the injury is not specified
in Schedule , percentage as assessed by the qualified
Medical Practitioner.
(d) where temporary
disablement, whether total or
partial results from the injury
A half monthly payment of the sum equivalent to
25% of monthly wages of the workman to be paid.
If the injury of the workman results in his death, the employer
shall, in addition to the compensation , deposit with
Commissioner a sum of two thousand Rupees for payment to the
eldest surviving dependent of workman towards funeral
expenditure.
Calculation of Compensation under WCA:
(1) Monthly Wages : is the amount of wages deemed to payable
for a months service duly taking the average for 12 months. (
presently max is 8,000/-)
(2) Factor for lump sum payment is based on completed years of
age.
Age not
more
than
factors Age not
more
than
factors Age not
more than
factors
19 225.22 20 224 25 216.91
30 207.98 35 197.06 40 184.17
45 169.44 46 166.29 50 153.09
55 135.56 58 124.70 60 117.41
Monthly wages X %age X Age factor
Monthly wages = Maximum is taken as 8,000/- (Gazette dated
31-05-2010)
Completed age = 46 Years, ( Age factor 166.29
Compensation= 8000 X 50/100 X 166.29
= Rs 6,65,160/-
In the case of death, maximum compensation payable is Rs 10
lakhs.
The difference from the amount already paid and Rs ten lakhs
will be paid with the approval of General Manager.