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EMPLOYEE'S COMPENSATION ACT, 1923

Applicability

Employer includes any person whether incorporated or not and any agent of employer and when services are temporarily lent or let on hire to another person, then means such other person.

Eligibility

Any workman who is injured by accident arising out of and in the course of his employment in specified list of employment contracts any disease specified therein as an occupational disease peculiar to that occupation.

Benefits: Amount of compensation shall be payable by the employer:

  1. Where death results from injury. 50% of monthly wages x relevant factor or र 1, 20,000 whichever is more.
  2. Where permanent total disablement results from the injury, 60% of monthly wages x relevant factor or र 1, 40,000 whichever is more (relevant factor depends upon the age of a workman)
  3. Where permanent, partial disablement or temporary disablement results from injury as per prescribed schedule.
  4. The Central Government has specified र 8,000/ to be monthly wages on which compensation is payable
  5. Deposit of compensation within one Month with the compensation commissioner
  6. As soon as practicable (Sec. 10B). Report of fatal accident and serious injury: within 7 days to the Commissioner. Not applicable when ESI act applies (Sec. 10B)

Penal Provision

Any contract by a worker waiving his right to be compensated under this Act is null and Void. Compensation should be paid early-delay beyond 1 month attract interest @ 12% pa. and penalty of up to 50% of the compensation. Certain other offences attract fine up to र 5,000/-