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Employees
Compensation Act,
1923
 Intro Objective Definition History

 Aim to introduce social

Workmen Compensation security to
Act,1923 employees
of India

Amendment Act , 2009

 Act provides
Employee Compensation financial
Act,1923 protection to
employee
 Objective Definition History Applicability

 Objectives of the Act :

 Security
 Provides relief to Workman

 Payment
 Happy man

 Knowledge
 Definition History Applicability Doctrine

 Important terminologies :
 Commissioner :

 Dependent :
 Definition History Applicability Doctrine

 Compensation :

 Employer :

 Employee :
History Applicability Doctrine Medical

1995
1923 The Act was
Enacted
12 th
EnhancementApril 2017
1922
Fatal
Major Workmen
Accident
2009 Accident
Section 17A
in
st the rate
Compensation
Workman
11884
JulySection of
Bill
Employee
1924,ActThe
18A
compensation
Act
1885 came into
Section force
30
 Applicability Doctrine Medical Dis-ability

 Applicability of the It applies to :

1.Factories 2.Mines
Act :

3.Plantation 4.Transport
 Applicability Doctrine Medical Dis-ability

5.Construction 6.Railway
 It does not apply to :
1.Army

7.Ships 8.Circus 9.Hazardous

Occupation

2.Employees who are covered

by the Employee’s State
10. Employments specified Insurance Act
in Schedule 2 of the Act
 Doctrine Medical Dis-ability Schedule

 DOCTRINE OF
ASSUMPTION OF
 Doctrine is a legal RISK
principle that is widely
adhered to. It is a rule  DOCTRINE OF
or principle of the law COMMON
established through the EMPLOYMENT
repeated application of
legal precedents  DOCTRINE OF
CONTRIBUTORY
NEGLIGENCE
 Doctrine Medical Dis-ability Schedule

 DOCTRINE OF ASSUMPTION  IMPLIED ASSUMPTION OF RISK

OF RISK :
 EXPRESS ASSUMPTION OF RISK
 Doctrine Medical Dis-ability Schedule

 DOCTRINE OF COMMON
EMPLOYMENT :
 Doctrine Medical Dis-ability Schedule

CASE STUDY
Volenti non fit injuria

Priestley v. Fowler" the volenti theory was

extended to the master and servant
relationship. The plaintiff in that case was a
butcher in the defendant's employ. The
defendant directed that a wagon be loaded
with meat and told the plaintiff to
accompany the delivery. The wagon was
overloaded and broke down, causing injury
to the plaintiff. In its holding for the master
the court stated that the servant must
(should) have known" of the danger and
assumed it.
 Doctrine Medical Dis-ability Schedule

3. DOCTRINE OF CONTRIBUTORY

NEGLIGENCE

CONTRIBUTORY AGE OF
DEFENDANT Motion AND WITNESS
COMPARATIVE
design PLAINTIFF
LIABILTY
NEGLIGENCE TESTIMO-
NY
 Doctrine Medical Dis-ability Schedule

RAJ RANI AND OTHERS

VS.ORIENTAL
INSURANCE COMPANY
LIMITED
 Medical Dis-ability Schedule Compensation

Can any defect or irregularity

in a notice be ignored ?
NOTIC
E
 Name and
address of
YE
the person
injured S
 Cause of the
injury
 Date of
accident.
Medical Dis-ability Schedule Compensation

If the
commissioner
is satisfied
 Medical Dis-ability Schedule Compensation

 Reports of fatal accidents

and serious bodily injuries
(Section 10 A) :

Commissioner
 Medical Dis-ability Schedule Compensation

Notice

_______ caused the

death of employee.
I the employer am
not liable to pay the
compensation for the
fatal accident.

-Employer
Medical Dis-ability Schedule Compensation
Medical Dis-ability Schedule Compensation
 Dis-ability Schedule Compensation Wages

 MEANING : Types of disablement

“Disablement” means
loss of capacity to work
1 2
or to move.
Temporary
3 Temporary
4
Total
Permanent
Partial
Permanent
Disablement
Total Disablement
Partial
Disablement Disablement
(Schedule 1 (Schedule 1
Part 1) Part 2)
 Dis-ability Schedule Compensation Wages

 Partial Disablement  Total Disablement

Only reduces the earning Makes it unable for
capacity of workmen worker to do any work
 Dis-ability Schedule Compensation Wages

 Temporary Total  Temporary Partial

Disablement : Disablement :
Incapacitates the worker to do Reduces the working capacity of
every work the workmen
 Dis-ability Schedule Compensation Wages

 Permanent Total  Permanent Partial

Disablement : Disablement :
The accident in capacities loss of Reduces earning capacity in every
100% earning capacity forever work
Compensati
on
Wages Contracting
Compensati
on
Wages Contracting
Compensati
on
Wages Contracting
Compensati
on
Wages Contracting
Wages Contracting
 Contracting

 Contracting [SEC.12] :  Contracting Out [SEC.17]

 Workmen injured may recover Sec.17 is NOT

compensation from the employer if :
APPLICABLE where
an employee agrees
to abide by the
decision of the
commissioner and not
to appeal from his
decision.
Thank
You