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WORKMEN COMPENSATION ACT now changed as EMPLOYEES COMPENSATION ACT

August 14, 2010

THE WORKMEN’S 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 month’s 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.

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