Hi Friends,
The Workmen compensation Act. 1923 & subsequent amendments impose statutory obligation upon Employers to compensate their own Employees and those of 'Contractors, for labour or otherwise employed by them when incapacitated as a result of accident of employment.
We give below the working of compensation payable in the event of death or permanent total disablement.
There is a fixed chart of factors based on the completed years of age on the last birthday immediately preceding the date on which the compensation fell due.
A specimen of factors is given below
Age Factor
18 226.38
25 216.91
30 207.98
35 197.06
The factor goes down as the age increases .
Now we give below the formula for working out compensation. The maximum wages are taken as Rs. 4000/- for the purpose of arriving at compensation payable.
For the purpose of the calculation we will take the age of the workmen as 33 and the corresponding factor applicable then will be 201.66
Case 1) Death of Employee
Age 33 Factor 201.66
Wages Rs. 4000 x 50% = 2000 x 201.66 = 403320/-
Case 2) Permanent Total Disablement
Wages Rs. 4000 x 60% = 2400 x 201.66 = 483984/- (maximum Rs. 4,52,760/-)
Case 3) Temporary Total Disablement
First 3 days are excluded
suppose no. of days was 28
Then calculation will be 28-3=25days
25 X 25% of wages
15
i.e. 1.66 x 1000 = 1660/-
Keep Smiling....
mahesh k prasad
From India, Mumbai
55The Workmen compensation Act. 1923 & subsequent amendments impose statutory obligation upon Employers to compensate their own Employees and those of 'Contractors, for labour or otherwise employed by them when incapacitated as a result of accident of employment.
We give below the working of compensation payable in the event of death or permanent total disablement.
There is a fixed chart of factors based on the completed years of age on the last birthday immediately preceding the date on which the compensation fell due.
A specimen of factors is given below
Age Factor
18 226.38
25 216.91
30 207.98
35 197.06
The factor goes down as the age increases .
Now we give below the formula for working out compensation. The maximum wages are taken as Rs. 4000/- for the purpose of arriving at compensation payable.
For the purpose of the calculation we will take the age of the workmen as 33 and the corresponding factor applicable then will be 201.66
Case 1) Death of Employee
Age 33 Factor 201.66
Wages Rs. 4000 x 50% = 2000 x 201.66 = 403320/-
Case 2) Permanent Total Disablement
Wages Rs. 4000 x 60% = 2400 x 201.66 = 483984/- (maximum Rs. 4,52,760/-)
Case 3) Temporary Total Disablement
First 3 days are excluded
suppose no. of days was 28
Then calculation will be 28-3=25days
25 X 25% of wages
15
i.e. 1.66 x 1000 = 1660/-
Keep Smiling....
mahesh k prasad
From India, Mumbai
Hi,
I was going through the post and I must admit it is very informative. I have a question though. Can you let me know what would be the compensation for a person of Age 22 with partial disability (Two phalanges have been cut in Left Index and Middle Finger each) and his wages would be minimum wages say 3000/-.
Thanks,
Ashvin
From India, Bangalore
I was going through the post and I must admit it is very informative. I have a question though. Can you let me know what would be the compensation for a person of Age 22 with partial disability (Two phalanges have been cut in Left Index and Middle Finger each) and his wages would be minimum wages say 3000/-.
Thanks,
Ashvin
From India, Bangalore
dear all, Can any one update me that if an employer is covered under esic act then can he liable to pay wc in case of road accident (death) after duty hrs with his own vehicle
From India, Delhi
From India, Delhi
dear mr. prasad
i gone through your compensation calculation and some apparent irregualrity comes to my mind i.e compensation so arrived at for case-1 (Death of employee) can not be less than that for the case-2 (permanent disablement).
pls check and rectify.
From India, Calcutta
i gone through your compensation calculation and some apparent irregualrity comes to my mind i.e compensation so arrived at for case-1 (Death of employee) can not be less than that for the case-2 (permanent disablement).
pls check and rectify.
From India, Calcutta
Dear Sir,
What is of 25 and 15 ?
"Temporary Total Disablement"
First 3 days are excluded
suppose no. of days was 28
Then calculation will be 28-3=25days
25 X 25% of wages
15
E-Id:
From India, Surat
What is of 25 and 15 ?
"Temporary Total Disablement"
First 3 days are excluded
suppose no. of days was 28
Then calculation will be 28-3=25days
25 X 25% of wages
15
E-Id:
From India, Surat
Dear Mr. Prasad, For case no. 2 the amt is not mentioned by you but it is 60% of Rs. 483984 i.e 290390
From India, Ahmadabad
From India, Ahmadabad
The Name of the act also hereafter Employees Compensation Act 1923 the bill passed on Jan month itself
From India, New Delhi
From India, New Delhi
Dear All,
Sub: How to settle Accident case (Permanent disablement) settlement.
Note: He is a contract employee and not covered by ESIC.
An employee met with accident inside our factory in the month of Nov’ 09. The employee lost his index figure. He had re joined in the month of Jan’10. (From 18 & 18B are submitted as per factories act).
He has joined company with temporary fitness certificate, which has given by doctor who has given medical treatment. As doctor advised he has to under go 2nd operation latter stage. Which is going to happened this month. Once it completed how to take it forward.
Please guide me:-
1. How to get permanent loss % from where have to get the same.
2. How to close this issue and what step we have to take further from Principle employer.
3. From contractor side what necessary stops have to take?
4. What are the documents need to be get from contractor.
I request you to guide me to close the same without any problem, otherwise can you give me your contact no I will call you.
Thanks & Regards,
Kannan N
o9962021188.
From India, Madras
Sub: How to settle Accident case (Permanent disablement) settlement.
Note: He is a contract employee and not covered by ESIC.
An employee met with accident inside our factory in the month of Nov’ 09. The employee lost his index figure. He had re joined in the month of Jan’10. (From 18 & 18B are submitted as per factories act).
He has joined company with temporary fitness certificate, which has given by doctor who has given medical treatment. As doctor advised he has to under go 2nd operation latter stage. Which is going to happened this month. Once it completed how to take it forward.
Please guide me:-
1. How to get permanent loss % from where have to get the same.
2. How to close this issue and what step we have to take further from Principle employer.
3. From contractor side what necessary stops have to take?
4. What are the documents need to be get from contractor.
I request you to guide me to close the same without any problem, otherwise can you give me your contact no I will call you.
Thanks & Regards,
Kannan N
o9962021188.
From India, Madras
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Workmen Compensation Notification.pd f
Workmen Compensation Return.doc