How to calculate workmens compensation as per WC act 1923
under temporary total disablement.If the employee having Monthly gross is around Rs.58000/- and date of accident 28/10/2010, age as on today 31 yrs.can any body help me How to calculate the compensation for the employee?
Regards,
UK
From India, Mumbai
under temporary total disablement.If the employee having Monthly gross is around Rs.58000/- and date of accident 28/10/2010, age as on today 31 yrs.can any body help me How to calculate the compensation for the employee?
Regards,
UK
From India, Mumbai
Your query is little confusing. What is the term temp. total disablement?
As per WC Act 1923, in case of permanent total disablement the compensation is 60% of the wages multiplied by the relevent factor as given in Schedule IV of the Act (corresponding to the age) or 90,000/- whichever is more.
Regards
R.Ponraj
From India, Lucknow
604As per WC Act 1923, in case of permanent total disablement the compensation is 60% of the wages multiplied by the relevent factor as given in Schedule IV of the Act (corresponding to the age) or 90,000/- whichever is more.
Regards
R.Ponraj
From India, Lucknow
What is the victim's cadre. If the victim was performing Administrative job or Stores or Purely involved in Managerial Activities then he is not getting covered under Workmen Compensation Act.
Refer Schedule IV for Age Factor.
With warm regards
S. Bhaskar
9099024667
From India, Kumbakonam
Refer Schedule IV for Age Factor.
With warm regards
S. Bhaskar
9099024667
From India, Kumbakonam
Can anyone please tell me How or Where to find Schedule IV of Workmen’s Compensation Act? I require the Relevant Factor slabs
From India, Calcutta
From India, Calcutta
Dear UK
In case of Temporary disablement Section 4 (1) (d): whether total or partial results from injury: a half monthly payment of the sum equivalent to twenty-five per cent of monthly wages of the workman, to be paid in accordance with the Provision of sub-section (2):
Sub-section 4 (2): The half-monthly payment referred to in clause (d) of sub-section (1) shall be payable on the sixteenth day- (i) from the date of disablement where such disablement lasts for a period of twenty-eight days or more, or
(ii) after the expiry of a waiting period of three days from the date of disablement, where such disablement lasts for a period of less than twenty-eight days: and thereafter half monthly during the disablement or during a period of five years, whichever period is shorter.
So, UK as per your first query, the half monthly wages:
Date of Accident: 28/10/2010
Wages is to be taken as Rs. 58000/p.m (basic + da+ All admissble Allowances)(as per Supreme Court decision).
Wages =Rs.58000/-X 25% = Rs. 14500 is to be paid on 13.11.2010 and after expiry of 28 days Rs. 58000 X 25%=14500 will be paid on 28.11.2010 (in short 50% of salary). and this will continue upto 5 years and after that a Medical Board is required to be arranged to find out his % of disablement and it will be treated as Permanent Partial Disablement. The amount paid as half monthly payment is to be deducted from the Amount of Compensation of Permanent Partial Disablement. But there is concept that if an employee is getting 29000/ p.m as half monthly payment then upto 5 yrs he will be getting much more than his amount of compensation as per Permanent Partial Disablement, and there is no rules (given by Supreme Court on this aspect that how to recover that amount).
So in this case there is no concept of Compensation does arises, rather half monthly wages is to be given to the employee.
And as per your second query:
Compensation i.r.o Permanent Total Disablement
Monthly gross = 59000/-
Take home =52000/-
Age = 31 yrs
DOA = 28/11/2010
PTD= an amount equal to sixty percent of the monthly wages of the injured workman multiplied by relevant factor:
Rs. 8000 is to be taken into A/c for monthly wages (as per new amendment)
Relevant factor for age 31 yrs is 205.98
So PTD=Rs. (8000*60/100) X 205.98
PTD=Rs. 988704/-
I hope this is correct…
Regards.
Jawed Alam.
From India, Dhanbad
In case of Temporary disablement Section 4 (1) (d): whether total or partial results from injury: a half monthly payment of the sum equivalent to twenty-five per cent of monthly wages of the workman, to be paid in accordance with the Provision of sub-section (2):
Sub-section 4 (2): The half-monthly payment referred to in clause (d) of sub-section (1) shall be payable on the sixteenth day- (i) from the date of disablement where such disablement lasts for a period of twenty-eight days or more, or
(ii) after the expiry of a waiting period of three days from the date of disablement, where such disablement lasts for a period of less than twenty-eight days: and thereafter half monthly during the disablement or during a period of five years, whichever period is shorter.
So, UK as per your first query, the half monthly wages:
Date of Accident: 28/10/2010
Wages is to be taken as Rs. 58000/p.m (basic + da+ All admissble Allowances)(as per Supreme Court decision).
Wages =Rs.58000/-X 25% = Rs. 14500 is to be paid on 13.11.2010 and after expiry of 28 days Rs. 58000 X 25%=14500 will be paid on 28.11.2010 (in short 50% of salary). and this will continue upto 5 years and after that a Medical Board is required to be arranged to find out his % of disablement and it will be treated as Permanent Partial Disablement. The amount paid as half monthly payment is to be deducted from the Amount of Compensation of Permanent Partial Disablement. But there is concept that if an employee is getting 29000/ p.m as half monthly payment then upto 5 yrs he will be getting much more than his amount of compensation as per Permanent Partial Disablement, and there is no rules (given by Supreme Court on this aspect that how to recover that amount).
So in this case there is no concept of Compensation does arises, rather half monthly wages is to be given to the employee.
And as per your second query:
Compensation i.r.o Permanent Total Disablement
Monthly gross = 59000/-
Take home =52000/-
Age = 31 yrs
DOA = 28/11/2010
PTD= an amount equal to sixty percent of the monthly wages of the injured workman multiplied by relevant factor:
Rs. 8000 is to be taken into A/c for monthly wages (as per new amendment)
Relevant factor for age 31 yrs is 205.98
So PTD=Rs. (8000*60/100) X 205.98
PTD=Rs. 988704/-
I hope this is correct…
Regards.
Jawed Alam.
From India, Dhanbad
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Workmens Compensation Act 1923.doc
Published_draft _rules_on Employees_ compensation 3.6.2020.pdf