Can anyone help me with the calculation of compensation for a fatal accident as per the Compensation Act and Factory Act? If an employee is 33 years old and has a basic salary of $26,800 per month. Additionally, please suggest other compensation benefits for the employee.
From India, Jaipur
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1From India, Jaipur
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Dear Member,
What is the designation of the employee? Please furnish details of the accident or cause of death.
The appropriate act to refer to in this situation is The Employees' Compensation Act. The pertinent question here is whether the deceased falls under the definition of an employee.
Thank you.
From India, New Delhi
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What is the designation of the employee? Please furnish details of the accident or cause of death.
The appropriate act to refer to in this situation is The Employees' Compensation Act. The pertinent question here is whether the deceased falls under the definition of an employee.
Thank you.
From India, New Delhi
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Subject to the provisions of this Act, the amount of compensation shall be as follows:
- Where death results from the injury, an amount equal to fifty percent of the monthly wages of the deceased workman multiplied by the relevant factor; or an amount of fifty thousand rupees, whichever is more.
- Where permanent total disablement results from the injury, an amount equal to sixty percent of the monthly wages of the injured workman multiplied by the relevant factor; or an amount of sixty thousand rupees, whichever is more.
Explanation I: For the purpose of clause (a) and clause (b), the relevant factor in relation to a workman means the factor specified in the second column of Schedule IV against the entry in the fits column of that Schedule specifying the number of years which are the same as the completed years of the age of the workman on his birthday immediately preceding the date on which the compensation fell due.
From India, Madras
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- Where death results from the injury, an amount equal to fifty percent of the monthly wages of the deceased workman multiplied by the relevant factor; or an amount of fifty thousand rupees, whichever is more.
- Where permanent total disablement results from the injury, an amount equal to sixty percent of the monthly wages of the injured workman multiplied by the relevant factor; or an amount of sixty thousand rupees, whichever is more.
Explanation I: For the purpose of clause (a) and clause (b), the relevant factor in relation to a workman means the factor specified in the second column of Schedule IV against the entry in the fits column of that Schedule specifying the number of years which are the same as the completed years of the age of the workman on his birthday immediately preceding the date on which the compensation fell due.
From India, Madras
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