Professional Documents
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Compensation Claims Under Workmen
Compensation Claims Under Workmen
ELIGIBLE CATEGORIES
2.
Only a person who is covered by the definition of Workman, given in
Section 2 (n) of the Act will be eligible for the benefits under this Act. Sub Section
2 (n) (ii), lays down that a person who is employed in any such capacity as
specified in Schedule II of the Act will be a Workman. In accordance with Para
(viii) Sub Para (a) and (c) of schedule II, the persons employed in the construction,
maintenance, repair or demolition of any building (of given specification) or any
road, bridge, tunnel or canal are included in the definition of Workman. GREF
personnel and CPLs employed on such duties thus fall within the definition of
Workman,. With the removal of upper monthly emoluments limit, the GREF
officers employed on such duties are also covered in the definition of Workman.
Army officers/ men are not entitled to benefits under this Act. Clerical staff is also
not covered in the definition of Workman.
The workman having been at the time of accident under the influence of
drink or drugs or
(b)
(c)
AMOUNT OF COMPENSATION
5.
In accordance with Section 4 of the Act, the amount of compensation payable
will be as under :(a)
(b)
Where death results from an injury, an amount equal to fifty percent of the
monthly wages of the deceased workman multiplied by the relevant factor
given in Schedule IV of the Act or an amount of Eighty 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 above mentioned relevant factor or an amount of
Rs.90000/- (Rs.Ninty Thousand only) whichever is more.
6.
It may be borne in mind that the age given in first column of Schedule IV is
the completed years of age on the last birth day of the workman immediately
preceding the date on which the compensation fell due. The same may be worked
out accordingly.
7.
Where the monthly wages of a workman exceed Four thousand rupees, his
monthly wages for the purpose of calculation of amount of compensation shall be
deemed to be Four thousand rupees only.
8.
For computing the monthly-wages, charges on the following counts shall also
be included:-
(a)
(b)
(c)
(d)
(e)
(f)
Bonus
Accommodation
Ration
Clothing
Medical re-imbursement
Washing Allowance
9.
The above charges will be calculated based on the SSR rates as circulated
from time to time.
SEQUENCE OF EVENTS
Lodge a FIR with the police authorities within six hours of the accident
and obtain copy of the same.
Obtain death certificate from the medical authority who declared the
workman as dead.
(c)
(d)
(e)
(f)
(g)
i.
Audit report of AO/ACDA(Project) in original indicating name of
AO/ACDA who has signed on it.
ii. Recommendation of Task Force Commander.
iii. Recommendation of Chief Engineer.
iv. Index indicating serial-wise/systematic details of documents
with proper numbering of pages.
v. All the documents enclosed with the claim will be authenticated.
15.
17.
DISBURSEMENT OF COMPENSATION
ANNEXURE A
FORM B
(Rule 6)
RECEIPT FOR COMPENSATION
(Deposit under Section 8(1) of the Workmens Compensation Act, 1923)
Commissioner
ANNEXURE B
FORM C
(Rule 6)
STATEMENT OF DISBURSEMENTS
(Section 8(4) of the Workmens Compensation Act, 1923)
Serial No..
Depositor
Date
Rs.
Amount deposited
Amount deducted and re-paid to the employer under the proviso to section
8(1)..
Funeral expenses paid.
Compensation paid to the following dependant(s):
Name
Relationship
...
10
Total...
Dated the..
Commissioner