COMPENSATION CLAIMS UNDER WORKMENS

COMPENSATION ACT 1923

AIM
1. GREF officers and personnel (barring clerical staff ) are entitled to
death/injury benefit in accordance with the provisions of or!"en#s $o"pensation
%ct 1&'( as a"ended fro" ti"e to ti"e) as per *ara 1&+ of ,order Roads
Regulations. %s per *ara -1. of ,order Roads Regulations) the said %ct shall also
apply to the casually paid labourers ($*/s) e"ployed by the *rojects. 0he ai" of
this "odule is to lay down detailed procedure for processing the clai"s of
co"pensation of entitled GREF personnel and $*/s under the said %ct.
ELIGIBLE CATEGORIES
'. 1nly a person who is covered by the definition of 2or!"an3) given in
4ection ' (n) of the %ct will be eligible for the benefits under this %ct. 4ub 4ection
' (n) (ii)) lays down that a person who is e"ployed in any such capacity as
specified in 4chedule 55 of the %ct will be a 2or!"an3. 5n accordance with *ara
(viii) 4ub *ara (a) and (c) of schedule 55) the persons e"ployed in the construction)
"aintenance) repair or de"olition of any building (of given specification) or any
road) bridge) tunnel or canal are included in the definition of 2or!"an3. GREF
personnel and $*/s e"ployed on such duties thus fall within the definition of
2or!"an3). ith the re"oval of upper "onthly e"olu"ents li"it) the GREF
officers e"ployed on such duties are also covered in the definition of 2or!"an3.
%r"y officers/ "en are not entitled to benefits under this %ct. $lerical staff is also
not covered in the definition of 6or!"an3.
CIRCUMSTANCES UNDER WHICH COMPENSATION IS
PAYABLE
(. 5n accordance with 4ection ( of the %ct) a 2or!"an3 will be entitled to
co"pensation only when his death or per"anent total disable"ent is caused through
an injury by an accident which has arisen out of and in the ou!"e of hi"
e#$%o&#ent'. 5n case of per"anent total disable"ent) a wor!"an will not be
eligible to co"pensation if his disable"ent is caused by an accident which is
directly attributable to 78
(a) 0he wor!"an having been at the ti"e of accident under the influence of
drin! or drugs or
(b) 0he wilful disobedience of the wor!"an to an order e9pressly given) or to
a rule e9pressly fra"ed) for the purpose of securing the safety of
wor!"an) or
(c) 0he wilful re"oval or disregard by the wor!"an of any safety guard or
other device he !new to have been provided for the purpose of securing
the safety of wor!"an.
.. 5f a wor!"an e"ployed in any e"ploy"ent specified in Pa!t (A) of "hedu%e III
of the %ct) contracts any disease specified there in as an 2ou$ationa% de"ea"e3
peculiar to that e"ploy"ent) or if a wor!"an) whilst in the service of an
e"ployer in whose service he has been e"ployed for a continuous period of not
less than si9 "onths (which period shall not include a period of service under
any other e"ployer in the sa"e !ind of e"ploy"ent) in any e"ploy"ent
specified in *art 6,# of schedule 555) contracts any disease specified therein as an
occupational disease peculiar to that e"ploy"ent) the contracting of the disease
shall be dee"ed to be an injury by accident for the purpose specified in *ara (
above.
AMOUNT O* COMPENSATION
-. 5n accordance with 4ection . of the %ct) the a"ount of co"pensation payable
will be as under 78
(a) here death results fro" an injury) an a"ount e:ual to fifty percent of the
"onthly wages of the deceased wor!"an "ultiplied by the relevant factor
given in 4chedule 5; of the %ct or an a"ount of Eighty 0housand Rupees
whichever is "ore.
(b) here per"anent total disable"ent results fro" the injury an a"ount
e:ual to si9ty percent of the "onthly wages of the injured wor!"an
"ultiplied by the above "entioned relevant factor or an a"ount of
Rs.&<<<</8 (Rs.=inty 0housand only) whichever is "ore.
+. 5t "ay be borne in "ind that the age given in first colu"n of 4chedule 5; is
the co"pleted years of age on the last birth day of the wor!"an i""ediately
preceding the date on which the co"pensation fell due. 0he sa"e "ay be wor!ed
out accordingly.
>. here the "onthly wages of a wor!"an e9ceed Four thousand rupees) his
"onthly wages for the purpose of calculation of a"ount of co"pensation shall be
dee"ed to be Four thousand rupees only.
?. For co"puting the "onthly8wages) charges on the following counts shall also
be included78
(a) ,onus
'
(b) %cco""odation
(c) Ration
(d) $lothing
(e) @edical re8i"burse"ent
(f) ashing %llowance
&. 0he above charges will be calculated based on the 44R rates as circulated
fro" ti"e to ti"e.
METHOD O* CALCULATING WAGES
1<. here a wor!"an has wor!ed for a continuous period of twelve "onths
i""ediately preceding the accident) the "onthly wages of the wor!"an shall be
one twelfth of the total wages earned during last twelve "onths.
11. here the whole of the continuous period of service of a wor!"an is less
than one "onth) the "onthly wages of the wor!"an shall be average "onthly
a"ount which during the twelve "onths i""ediately preceding the accident was
being earned by a wor!"an e"ployed on the sa"e wor! by the sa"e e"ployer or if
there was no wor!"an so e"ployed) by a wor!"an e"ployed on si"ilar wor! in
the sa"e locality.
1'. 5n other cases including cases in which it is not possible for want of necessary
infor"ation to calculate the "onthly wages under *ara 11 above) the "onthly wages
shall be thirty ti"es the total wages earned in respect of the last continuous period
of service divided by the nu"ber of days co"prising such period.
PROCESSING O* COMPENSATION CLAIMS
1(. SE+UENCE O* E,ENTS
%s soon as a case of an accident involving a wor!"an during his course of
e"ploy"ent with GREF co"es to notice of an 1$ unit) he shall ta!e action as
enu"erated in succeeding paragraphs.
1.. WHERE THE WOR-MAN .MEN/ DIES IN AN ACCIDENT
(a) /odge a F5R with the police authorities within si9 hours of the accident
and obtain copy of the sa"e.
(b) 1btain death certificate fro" the "edical authority who declared the
wor!"an as dead.
(c) %rrange post8"orte" report on the body of wor!"an in liaison with the
police/"edical authorities and obtain copy of the sa"e by fastest "eans.
(
(d) 1rder a 1ne @an 5n:uiry (1@5) within '. hrs of the accident) to be held
by a gaAetted/co""issioned officer. 5f "ore than one unit is involved)
1@5 will be ordered by 0as! Force $o""ander within .? hrs of the
accident. 0he 61ne @an 5n:uiry# will be held to establish eligibility of
co"pensation to the concerned wor!"an ("en). 0he 1@5 will be
co"pleted within ten days of the accident and proceedings trans"itted to
the concerned 0.F. %fter e9a"ination at the 0.F. BC orders of 0.F
$o""ander will be endorsed on the 1@5. 0he sole ai" of holding a 1@5
is to establish ad"issibility of co"pensation. 1ther issues li!e
circu"stances leading to the accident) @0 discipline) regularisation of loss
to the vehicle will not be co"bined. % separate $ourt of 5n:uiry to
investigate such issues "ay be held as considered necessary.
(e) 4i"ultaneously the wages state"ent along with calculation sheet and
contingent bill should be got verified fro" audit authorities.
(f) Forward co"pensation clai" within '< days of the accident to the
prescribed authority for sanction along with the following docu"ents78
i. @anuscript copy of 1@5.
ii. 4inged copy of convening order of 1@5.
iii. 1rders of 0.F $dr on the 1@5.
iv. 1riginal death certificate.
v. *ost8"orte" report in original (if no original issued by @edical
authority) copy duly attested by the "edical authority)
vi. 4igned copy of F5R with F5R nu"ber registered with police.
vii. %pplication for co"pensation under $% 1&'( on for" D/E as
applicable.
viii. ages state"ent/pay drawn state"ent for last 1' "onths
i""ediately preceding the accident.
i9. $alculation sheet.
9. $ontingent bill.
9i. =o de"and certificate.
9ii. 4tate"ent of case.
9iii. Felay report.
9iv. F1 *art 55 notifying the death casualty.
9v. 5n case of $*/) photo copy of Recruit"ent8cu"8@edical for"
and certificate fro" 1$ unit regarding correctness of date of
birth.
9vi. Gob/Bead =o. against which a"ount of co"pensation to be
boo!ed (to be shown on contingent bill).
(g) 5n case of clai"s re:uiring sanction of FG,R/Govt. the following
additional docu"ents will be enclosed7
i. %udit report of %1/%$F%(*roject) in original indicating na"e
of %1/%$F% who has signed on it.
.
ii.
Reco""endation of 0as! Force $o""ander.
iii. Reco""endation of $hief Engineer.
iv. 5nde9 indicating serial8wise/syste"atic details of docu"ents
with proper nu"bering of pages.
v. %ll the docu"ents enclosed with the clai" will be authenticated.
1-. WHERE THE WOR-MAN IS IN0URED IN AN ACCIDENT
5n case of an accident not resulting in death) eligibility of co"pensation
can be established only after per"anent disability of the wor!"an) if any) is
assessed. 5n such cases also the 1@5 will be co"pleted and orders of 0.F $dr given
thereon. 0hereafter) the re:uired docu"ents will also be prepared and !ept ready
for processing i""ediately after per"anent disability of the wor!"an is assessed.
5n such cases) co"pensation clai" will be initiated within 1< days of assess"ent of
per"anent disability of the wor!"an. 4uch cases will be supported with the
following docu"ents78
(a) 1riginal "edical docu"ents including "edical board.
(b) Fisability certificate duly countersigned by 0.F 4@1 and *roject $@1
and concurred by FFG (@ed).
(c) %ll other docu"ents "entioned under *ara 1. (f) and (g) above e9cept
srl (iv) and (v).
1+. WHERE THE WOR-MAN HAS SU**ERED *ROM AN
OCCUPATIONAL DISEASE1
here death/per"anent disability is caused as a result of an
occupational disease) orders on the 1@5 will be given. 4uch cases will be
processed duly supported with the following docu"ents78
(a) 1riginal @edical docu"ents/case sheets.
(b) %ttributability certificate on for" %F@4F8&( (*t 55) (to be initiated by
%@% and concurred by 4@1 H Fy.$@1 H FFG (@ed))
(c) %ll other docu"ents "entioned under *ara 1. (f) H (g) above e9cept 4rl.
(vi) for death cases and e9cept 4rl (iv)) (v) and (vi) for per"anent
disability cases.
1>. COMPETENT AUTHORITY *OR SANCTION O* COMPENSATION
0he authorities co"petent to sanction co"pensation are laid down in
Govt. of 5ndia) @inistry of Road 0ransport H Bighways) ,RF, letter
=o.,RF,/<1/1(./,E%/'<<1 dated 1&
th
=ove"ber '<<1 and are as under 78
-
DGBR Rs..)-<)<<</8
Chief En2inee!" Rs.()-<)<<</8
Cd! T1*"3Co##andant" GRE* Cent!e Rs.')-<)<<</8
$ases involving pay"ent in e9cess of Rs..)-<)<<</8 should be
sub"itted to Govern"ent for sanction.
1?. 0he co"pensation clai"s will be processed through audit channel and audit
reports will be obtained by hand as far as possible.
1&. DISBURSEMENT O* COMPENSATION
4anction of the co"petent authority for co"pensation will be sent to the
concerned unit through fastest "eans. 1n receipt of sanction) the unit will clai" the
a"ount and "a!e disburse"ent within 1< days of the receipt of sanction. 5n death
cases and in cases where pay"ent is to be "ade to a wo"an) the co"pensation
a"ount will be sent to the $o""issioner of $o"pensation of the concerned district
for further disburse"ent in ter"s of 4ec ? of the %ct.
'<. 5n accordance with Rule + of the or!"en#s $o"pensation Rules 1&'.) the
$o""issioner is re:uired to give a 2Receipt for co"pensations3 in For" 6,#
(4peci"en enclosed at %nne9ure 6%#) in respect of the co"pensation a"ount
deposited with hi". /i!ewise) after disbursing the co"pensation a"ount) the
$o""issioner is re:uired to render 24tate"ent 1f Fisburse"ents3 in For" 6$#
(speci"en enclosed at %nne9ure 6,#). 5t will be ensured by the 1$ Init re"itting
the a"ount of co"pensation that 2Receipt3 in For" 6,# is obtained fro" the
$o""issioner i""ediately after "a!ing re"ittance to hi". /i!ewise) 24tate"ent
1f Fisburse"ent3 as per For" 6$# will be obtained by the 1$ Init fro" the
$o""issioner i""ediately after the co"pensation a"ount is disbursed by hi".
$onstant "onitoring in this regard will be done.
'1. %fter obtaining the above "entioned for"s) a copy each of the sa"e will be
sent by the 1$ Init to the authority which sanctioned the co"pensation i.e.0F
$o""ander) $E) FG,R and Govt. as the case "ay be.
''. 4ec ? (() of the %ct provides that a receipt of $o""issioner shall be a
sufficient discharge in receipt of any co"pensation deposited with hi". Bowever)
in larger interests of the beneficiary) cases should not be treated as settled or closed
based on the receipt fro" $o""issioners. 0he words 2sufficient discharge3 should
be understood to "ean sufficient discharge of the liability of the depart"ent to pay
co"pensation. 5t is our "oral responsibility to ensure that the a"ount of
co"pensation is received by the beneficiary as soon as possible after re"ittances to
the $o"pensation $o""issioner. %ccordingly) the cases should be pursued till
pay"ent of co"pensation is actually received by the beneficiaries.
+
0he state"ent of disburse"ent as per For" 6$# obtained by the Init
will invariably be verified by the %1 0as! Force/*roject. 0hese state"ents will be
watched through the "ediu" of a register. 0he cases where the pay"ent
receipt/cash receipts is delayed "ore than three "onths) be referred to the 4ecretary
of the /abour Fepart"ent of the concerned 4tate as per instructions issued vide BC
FG,R letter =os.1-<++/*olicy/FG,R/<1/E5$ 6%# dated '&.11.&+)
1-<++/FG,R/*olicy/E5$86%# dated 1..1<.&& and 1-<++/*olicy/-</E5$86%# dated 1+
.1.'<<'.
'(. HAL* MONTHLY PAYMENTS
hen an injury is caused to a wor!"an as a result of an accident
occurring during his course of e"ploy"ent with GREF and the sa"e results in
te"porary disable"ent a half "onthly pay"ent of the su" e:uivalent to twenty five
percent of "onthly wages of the wor!"an) can be paid to hi" under the provisions
of 4ub 4ections ' of 4ec . of the %ct. 0he a"ount is recoverable fro" the a"ount
of lu"p su" co"pensation payable.
*UNERAL E4PENDITURE
'.. 5f the injury to the wor!"an results in his death) the depart"ent shall)
in addition to the co"pensation a"ount deposited with the $o""issioner a su" of
one thousand rupees for pay"ent to the eldest surviving dependent of the wor!"an
towards the e9penditure of the funeral of such wor!"an or where the wor!"an did
not have a dependent or was not living with his dependent at the ti"e of death) to
the person who actually incurred such e9penditure.
here funeral e9penditure in respect of deceased GREF personnel is
clai"ed under *ara 1++ of ,order Roads Regulations) the sa"e will not be clai"ed
under the above provision.
MONITORING SLIP
'-. % "onitoring 4lip will acco"pany the 1@5 proceedings till the
co"pensation a"ount is finally disbursed to the concerned beneficiary. 0he slip
will be signed by officers handling the case at various stages starting fro" the
ordering of 1@5 till the co"pensation is disbursed.
NON PAYMENT O* COMPENSATION CLAIM
'+. 5n case pay"ent of co"pensation could not be re"itted to the
concerned beneficiary/=.1.J due to one or the other reason the a"ount of
co"pensation so received bac! fro" the $o""issioner be deposited in ban! and
0R for a"ount adjusted by %1 0as! Force/ (*).
>
CONCLUSION
'>. 5n ter"s of 4ection . % of the %ct) co"pensation clai"s are re:uired to
be finalised and a"ount deposited with the $o""issioner or "ade to the wor!"an)
as the case "ay be) within one "onth of their falling due. 5n case of default) the
$o""issioner can direct to pay si"ple interest at the rate of 1'K per annu" and in
case of further default he can direct additional penalty upto -<K of the a"ount of
arrears and interest. 5t is i"perative that to avoid i"position of any penalty) all out
efforts should be "ade to "a!e pay"ent of co"pensation within stipulated period.
1fficers/4taff dealing with the case at Init/0.F/*roject level will be held responsible
for delay in processing the case.
$o"pensation paid in satisfaction of the $ourt order under $%
1&'( will not be treated as charged e9penditure. %ny court order on the subject
should be treated as declaratory order.
ANNEXURE A
*ORM B
.Ru%e 5/
RECEIPT *OR COMPENSATION
(Deposi !"#e$ Se%io" &(1' o( )e Wo$*+e"s Co+pe"s,io" A%- 1923'
,oo! =oLLLLLLLLLReceipt =oLLLLLLL Register =oLLL.
FepositorLLLLLLLLL
Feceased or injured wor!"anLLLLLLLLLLLLLLLLLLLLL...
Fate of deposit LLLLLLLL.
4u" deposited RsLLLLLLLLLLLLLLLLLLLLLLLL.
Fated 0he LLLLLLLLLLL..
$o""issioner
?
ANNEXURE .
/ORM C
(R!0e 1'
STATEMENT O* DISBURSEMENTS
(Se%io" &(2' o( )e Wo$*+e"s Co+pe"s,io" A%- 1923'
4erial =oLLLLLLLL..
FepositorLLLLLLLLL
FateLLLLLLLLLL RsLLLLLLLLL.
%"ount depositedLLLLLLLLLLLL
%"ount deducted and re8paid to the e"ployer under the proviso to section
?(1)LLLLLLLLLLLLLLLLLLLLLLLLLLL..
Funeral e9penses paidLLLLLLLLLLLLL.
Co#$en"ation $aid to the fo%%o6in2 de$endant."/7
Na#e Re%ation"hi$
88888888888888888 8888888888888
88888888888888888 8888888888888
888888888888888881 88888888888881
88888888888888888111 88888888888881
Tota%8888888888111
Dated the888888811
&
8888888
Co##i""ione!
1<