workmen’s compensation act presentation
TRANSCRIPT
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Medical ExaminationMedical Examination
y If an accident occurred, worker has tosubmit the notice to the employer.
y Employer has to appoint medicalpractitioner within a three days of notice,and workmen receive half monthly payment.
y If workmen refuse to submit the notice formedical check-up then his rights to receivecompensation will be suspended for the
period of refusal and his right to receivecompensation will be suspended up till hecomes back in vicinity of place in which hewas employed.
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y Compensation pays to his dependants.
y If employee refuse to submit notice or
refuse to follow the instruction of doctor.
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DependantsDependants
y Three categories:-
1) Following relations are dependants A
widow, A minor legitimate son, An
unmarried legitimate son, An unmarried
legitimate daughter, widow mother.
2) Following are the dependants if they are
wholly dependants on earnings ofworkman, at the time of his death.
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Liability of contractor towardsLiability of contractor towards
workmanworkmany Where an employer takes the help of
contractor, in order to engage some
workmen, a workmen is entitle to claim
compensation from employer, if followingconditions are satisfied:-
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employer must have contracted withcontractor for execution of work in whole oron part.
such work must be included in principlestrade or business and contract must be madefor the purpose of employers trade orbusiness.
Workmen employed in work must have beeninjured by accident arising out of employmentor in course or employment.
injury must have been caused to workmanwithin the employers premises.
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Defenses available to employerDefenses available to employer
against a claimagainst a claim1) defenses available to employers beforepassing the act:-
The doctrine of assumed risk
The doctrine of common employment
The doctrine of contributory negligence
The doctrine of personal actions ends
with death
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2) Defenses available to employers after passingof act:-
if injury is resulting in death or permanent
disablement caused by an accident. if injury, not resulting in death but is direct
result of:-x The workmen was under the influence of drinks or
drugs at the time of accident.x willful disobedience of workman in relation to safety of
workmen.
x willful removal of safety device or safety equipmentwhich he knew that it was necessary for his safety.
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In case of death of workman exceptions
namely:-
x In toxication by drinks or drugs
x willful disobedience of rules and orders
x willful removal of safety devices are not applicable
in case of fatal accident.
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AccidentAccident
personal injury by accident:-x employer is liable to workman for personal injury
caused to him by accident arising out of and in the
course of employment. It includes all injuries likephysiological and psychological injuries.
a) Out of employment:-x Accident arising out of employment implies a
casual connection between the injury and theaccident and the work done in course of
employment.
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b) In the course of employment:-
x it refers to whole of time a workman is carrying
out duties. It includes not only the time when he isdoing allotted work, but also the time when he is
at a place where he would not be put for his
employment. Normally factory hours are from 9.00
am to 6.00 pm but exceptions to this are asfollows:-
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The time of transport provided by
employer to employee for the purpose of
going to and from the place of work.
The time when worker is in factory
premises but not actually working.
Period of rest provided to employee
When workman reaches the place ofemployment to equip himself for work.