hi dev, this is indeed a very good question. I’ll just watch and wait for answers to this question as I’m not sure about the answer. Regards, Sandeep
From United Arab Emirates, Dubai
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3From United Arab Emirates, Dubai
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Hi all,
Maslow's theory is related to motivation. It describes that a person first fulfills their basic needs, followed by safety needs, and then social needs. After satisfying these needs, they try to fulfill their self-esteem needs, and finally, there are self-actualization needs.
Regards,
Manju Dhiman
From India, Panipat
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Maslow's theory is related to motivation. It describes that a person first fulfills their basic needs, followed by safety needs, and then social needs. After satisfying these needs, they try to fulfill their self-esteem needs, and finally, there are self-actualization needs.
Regards,
Manju Dhiman
From India, Panipat
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Hi,
I don't know to what extent my post related to this query, but I just wanted to post a few things related to this query.
Workmen's Compensation under The Workmen's Compensation Act, 1923
EMPLOYEES ENTITLED TO COMPENSATION
Every employee (including those employed through a contractor but excluding casual employees), who is engaged for the purposes of the employer's business and who suffers an injury in any accident arising out of and in the course of his employment, shall be entitled to compensation under the Act.
EMPLOYER'S LIABILITY FOR COMPENSATION (ACCIDENTS)
The employer of any establishment covered under this Act is required to compensate an employee:
a. Who has suffered an accident arising out of and in the course of his employment, resulting in (i) death, (ii) permanent total disablement, (iii) permanent partial disablement, or (iv) temporary disablement whether total or partial, or
b. Who has contracted an occupational disease.
CALCULATION OF COMPENSATION
The amount of compensation payable by the employer shall be calculated as follows:
(a) In the case of death: 50% of the monthly wages X Relevant Factor or Rs. 50,000, whichever is more. And Rs. 1000 for funeral expenses.
(b) In the case of total permanent disablement specified under Schedule I: 60% of the monthly wages X Relevant Factor or Rs. 60,000, whichever is more.
(c) In the case of partial permanent disablement specified under Schedule I: Such a percentage of the compensation payable in case (b) above as is the percentage of the loss in earning capacity (specified in Schedule I).
(d) In the case of partial permanent disablement not specified under Schedule I: Such a percentage of the compensation payable in case (b) above, as is proportionate to the loss of earning capacity (as assessed by a qualified medical practitioner).
(e) In the case of temporary disablement (whether total or partial): A half-monthly installment equal to 25% of the monthly wages, for the period of disablement or 5 years, whichever is shorter.
Regards,
Sreeni
From Singapore, Singapore
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I don't know to what extent my post related to this query, but I just wanted to post a few things related to this query.
Workmen's Compensation under The Workmen's Compensation Act, 1923
EMPLOYEES ENTITLED TO COMPENSATION
Every employee (including those employed through a contractor but excluding casual employees), who is engaged for the purposes of the employer's business and who suffers an injury in any accident arising out of and in the course of his employment, shall be entitled to compensation under the Act.
EMPLOYER'S LIABILITY FOR COMPENSATION (ACCIDENTS)
The employer of any establishment covered under this Act is required to compensate an employee:
a. Who has suffered an accident arising out of and in the course of his employment, resulting in (i) death, (ii) permanent total disablement, (iii) permanent partial disablement, or (iv) temporary disablement whether total or partial, or
b. Who has contracted an occupational disease.
CALCULATION OF COMPENSATION
The amount of compensation payable by the employer shall be calculated as follows:
(a) In the case of death: 50% of the monthly wages X Relevant Factor or Rs. 50,000, whichever is more. And Rs. 1000 for funeral expenses.
(b) In the case of total permanent disablement specified under Schedule I: 60% of the monthly wages X Relevant Factor or Rs. 60,000, whichever is more.
(c) In the case of partial permanent disablement specified under Schedule I: Such a percentage of the compensation payable in case (b) above as is the percentage of the loss in earning capacity (specified in Schedule I).
(d) In the case of partial permanent disablement not specified under Schedule I: Such a percentage of the compensation payable in case (b) above, as is proportionate to the loss of earning capacity (as assessed by a qualified medical practitioner).
(e) In the case of temporary disablement (whether total or partial): A half-monthly installment equal to 25% of the monthly wages, for the period of disablement or 5 years, whichever is shorter.
Regards,
Sreeni
From Singapore, Singapore
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Hi Sreeni,
In my opinion, your answer is not properly fitting here. Just go through the question. In a real-time situation, what would be your action on the above case? Just citing the provision under the WC act will not serve the purpose. Once again, please review the reply given by Seema, as the employee is also covered under ESI.
Kindly answer the question accordingly.
Preet
From India, Bangalore
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In my opinion, your answer is not properly fitting here. Just go through the question. In a real-time situation, what would be your action on the above case? Just citing the provision under the WC act will not serve the purpose. Once again, please review the reply given by Seema, as the employee is also covered under ESI.
Kindly answer the question accordingly.
Preet
From India, Bangalore
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As this accident has occurred inside the factory premises, the legal heirs of the workman have every right to claim compensation, whether or not he is a permanent workman. If he is covered under the ESI Act, compensation can be claimed from the ESI Corporation; otherwise, the Management has to pay the compensation as per the rules laid down in the Workmen's Compensation Act, 1923. If the workman comes under the Workmen's Compensation Act, the compensation is payable based on his age and last drawn wages.
The full amount of compensation benefit can be calculated based on his last drawn wages: Wages (subject to Rs. 4000/-) x Factor (as given in the schedule) x loss factor.
Thanks with Regards,
Thiru
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The full amount of compensation benefit can be calculated based on his last drawn wages: Wages (subject to Rs. 4000/-) x Factor (as given in the schedule) x loss factor.
Thanks with Regards,
Thiru
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Compensation as per Workmen's Compensation Act, 1923
Example:
1. Workman data:
Age of the Deceased is 37 years and his monthly wage is Rs. 10,000.
2. Rule:
Where death results from the injury: an amount equal to fifty percent of the monthly wage of the deceased workman multiplied by the relevant factor or an amount of eighty thousand Rupees, whichever is more.
Where the monthly wage of a workman exceeds four thousand rupees, his monthly wage for the purpose of calculation shall be deemed to be four thousand rupees only.
3. Calculation:
If his wage exceeds four thousand rupees, only four thousand rupees are to be taken for calculation.
Hence, 4000 x 50% = 2000 x 192.14 (Age Factor mentioned in the Act) = Rs. 3,84,280.
Or
Rs. 80,000, whichever is more.
So, heirs are eligible for Rs. 3,84,280 as death compensation.
In this case, the workmen are ESI members, so the compensation would be calculated by the ESI corporation.
Thanks with regards,
Thiru
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Example:
1. Workman data:
Age of the Deceased is 37 years and his monthly wage is Rs. 10,000.
2. Rule:
Where death results from the injury: an amount equal to fifty percent of the monthly wage of the deceased workman multiplied by the relevant factor or an amount of eighty thousand Rupees, whichever is more.
Where the monthly wage of a workman exceeds four thousand rupees, his monthly wage for the purpose of calculation shall be deemed to be four thousand rupees only.
3. Calculation:
If his wage exceeds four thousand rupees, only four thousand rupees are to be taken for calculation.
Hence, 4000 x 50% = 2000 x 192.14 (Age Factor mentioned in the Act) = Rs. 3,84,280.
Or
Rs. 80,000, whichever is more.
So, heirs are eligible for Rs. 3,84,280 as death compensation.
In this case, the workmen are ESI members, so the compensation would be calculated by the ESI corporation.
Thanks with regards,
Thiru
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Hi all,
Thiru has given the correct (lawful) answer to the question I posed in the form of a small case study based on Worker's Compensation in the event of death. India_123's answer was also good; however, it lacked completeness. From the email, it seems he did not exactly want to provide an answer to the question but was interested in participating in the quiz, which I appreciate. Even if you are unsure, just answer.
Thiru's second reply is comprehensive and exactly what I was looking for. One thing missed by Thiru is: when will the legal heir receive the payment? Is there any specified time duration in the law?
So, Thiru is the WINNER. Over to him.
Thanks,
Seema
From India, Lucknow
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Thiru has given the correct (lawful) answer to the question I posed in the form of a small case study based on Worker's Compensation in the event of death. India_123's answer was also good; however, it lacked completeness. From the email, it seems he did not exactly want to provide an answer to the question but was interested in participating in the quiz, which I appreciate. Even if you are unsure, just answer.
Thiru's second reply is comprehensive and exactly what I was looking for. One thing missed by Thiru is: when will the legal heir receive the payment? Is there any specified time duration in the law?
So, Thiru is the WINNER. Over to him.
Thanks,
Seema
From India, Lucknow
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Hi Seema, I think Thiru has come very closer to the answer and I think his answer is most appropriate. what do you say? Anyhow you are the person to decide on the winner. Preet
From India, Bangalore
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From India, Bangalore
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