Wednesday, 7 September 2011

What are the liabilities of the employer regarding the compensation of the workman or When employer is liable and not liable for compensation

In the following situation an employer is liable to pay the compensation to the worker :

1. Injury :-
If the workman is injured by accident in the course of employment or out of personally employment, an employer liable to pay compensation.

2. Out Of Employment :-
It means that there is some relation between the accident and the work done in the course of employment. Two conditions must be fulfilled.

i. He should prove that accident happened due to the performance of duties.

ii. A worker must be engaged in the employer of business at the time of accident.

3. In The Course Of Employment :-
It means the time in which employment continues. It means the whole time in which duties are carried on. It is the time in which he is at place where the he would not but for his employment.

4. Occupational Disease :-
Workers employed in certain occupations are caught to certain disease. The employment is liable to compensate such workers. It is also deemed to be the injury by accident.

Example :- The workers employed in ginning factories are generally contracted by the disease of T.B.

In the following cases employer is not liable for any compensation :

1. If disability does not last for more than 4 days.

2. In case of civil suit for damage has been instituted by workman.

3. Employer is not liable if accident causing the injury did not arise out of and in the course of employment.

4. Where the injury is caused due to influence of drugs not resulting in death or drinks or by the disobedience of safety orders the employer will be not liable for compensation.

In this regard, the amount of compensation depends upon two things.

i. Nature of injury caused by accident.

ii. Average of monthly wages.
The amount of compensation differs from case to case :

1. Death Case :-
If adult worker dies due to injury and wages of the worker were upto 3000 per month, the amount of compensation payable is Rs. one lac to the heirs of the deceased person.

2. Temporary Disablement :-
In this case if worker ( adult or minor ) is receiving Rs. 3000 per month shall be payable 1/2 of the monthly wages during the period of disablement or a period of one year from the date of injury which ever is less.

3. Permanent Partial Disablement :-
In this case, the compensation will be made according the loss of earning capacity specified in the schedule.

4. Permanent Total Disablement :-
In this case, if a worker was receiving wages upto Rs. 3000 per month the amount of compensation payable shall be Rs. one lac according the specified schedule.


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