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WORKMEN

COMPENSATION
ACT,1923
SOCIAL SECURITY with special
reference to Workmen’s Compensation
Act, 1923
According to I.L.O, “Social security is the
protection which society provides for its
members through a series of public measure,
against the economic and social distress that
otherwise would be caused by the stoppage or
substantial prediction of earning resulting from
sickness, maternity, employment, injury,
unemployment, invalidity, old age and death”
NEED FOR EXTENDING SOCIAL
SECURITY

Employee demands Trade union


demands employer’s preference as a
social security to improve human
relations.
OBJECTIVES
• Sound relations
• Boost up employee morale
• Security against social risk
• Safety against accident
• Sense of belongingness
TYPES
For employment security
For health protection
For old age & retirement
For personnel identification, participation
& stimulation
SOCIAL SECURITY IN INDIA
CONSISTS OF THE FOLLOWING
LEGISLATIONS

• The workmen’s compensation act, 1923


• Maternity Benefit act, 1961
• Payment of Gratuity act, 1972
• Employees’ provident funds &
Miscellaneous Provisions Act, 1952
THE WORKMEN’S COMPENSATION
ACT, 1923
The Growing complexity of industry in this
country, with the increasing use of
machinery and consequent danger to
workmen, along with the comparative
poverty of the workmen themselves renders
it advisable that they should be protected,
as far as possible, from hardship arising
from accidents” Gazette of India 1922
OBJECT OF THE ACT
To provide some means of livelyhood
for the workman who, by reason of
accidental injury arising out of his
employment, has suffered a loss of
earning capacity.
SCOPE & APPLICATION
The Act applies to workmen employed
in factories, mines, transport
establishments, construction works,
railways, plantations, ships and other
hazardous occupations and
employments specified in schedule II
to the Act.
PRINCIPLES\ CONCEPTS
• DOCTRINE OF ADDED PERIL: It means when
a workmen do something other than the assigned work
by the employer to him, and the work involves extra
danger & risk for which the employer cannot be held
liable.

• SELF-INFLICTED INJURY- According to this


principle the workmen if gets injured due to his own
negligence and not by an accident, he cannot held the
employer liable for the same.
• CONTRIBUTORY NEGLIGENCE- Under this
principle, if the workmen meet an accident during his
course of employment and the treatment is given to him
by the employer & the same is re-employed but
afterwards the workmen dies due to that injury. This
accounts negligence on part of both employer & workmen
& thus the employer cannot reduce compensation on
account of this principle.

• COMPENSATION- Sec 2(1)(c) says that compensation as


provided for by this act.
• DEPENDENT- Acc. to sec. 2(1)(d) dependent is
divided in to three categories.
(1) It includes a minor legitimate or adopted son,
an unmarried legitimate or adopted daughter & a
widowed mother. They are deemed in law as
dependents of a workman.
(2) It includes a son & a daughter.
(3) It includes dependents who are wholly or in
partly dependent on the earnings of workman at
the time of his death.
• PARTIAL DISABLEMENT- Sec. 2(1)(g) defines
partial disablement. It is of two kinds.
(1) Temporary partial disablement: If the earning
capacity of a workman is reduced in relation to
the employment he had been at the time of
accident.
(2) Permanent partial disablement: If the injury
caused by an accident results in the reduction
of earning capacity in respect of employment,
which the workmen was capable of undertaking
at the time of accident.
• TOTAL DISABLEMENT- Sec 2(1)(1) of the act
says that when a workmen is incapacitated from doing
any work which he was capable of performing at the
time of accident resulting in total disablement.
EMPLOYER’S LIABILITY FOR
COMPENSATION

An employer is liable to pay


compensation to a workman- For
personal injury caused to him by
accident, For any occupational
disease contracted by him
CRITICISM
• Repetition of benefits in different
schemes
• No effective implementation of social
securities act
• It covers organized sector
CONCLUSION
Social Security is a comprehensive approach
designed to prevent deprivation, assure the
individual of a basic minimum income for himself
and his dependents and to protect the individual
from any uncertainties. The State bears the
primary responsibility for providing protection
and assistance to its workforce. Social Security
is increasingly viewed as an integral part of the
development process.  It helps to create a more
positive attitude to the challenge of globalization
and the consequent structural and technological
changes

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