Payment of Wages
In India, the Workmen Compensation Act, 1923 governs payment of compensation/wages to workmen. Its main aim is to provide compensation to workmen as well as their families in certain cases. It covers cases of death or disablement because of injuries at the workplace.
Eligibility for Payment of Compensation
Every workman under the act is eligible to receive compensation. A workman means any employee who works in or in connection with the activity listed in Schedule II to the Act. Moreover, the term not only includes permanent employees, but also includes:
- Casual Workers
- Contractual Workers, and
- Interns or apprentices.
Types of Injury
Under the Act, compensation becomes due to the workman or his family in the following cases.
- Permanent Partial Disablement
- Total Disablement
- Permanent Total Disablement
If you are a Workman
You are eligible to receive compensation if you suffer:
- An injury at workplace
- While doing your work
- During work hours; and
- It results in any kind of disablement as listed above.
Moreover, in case the injury results in death of the employee, then the family of employee is eligible for compensation.
If you are an Employer
If you are an employer, you have protection against payment of compensation in certain cases. It is not compulsory for you to pay compensation in the following cases:
- If disablement does not last for more than three days, or
- It is a result of drugs, drinking, disobedience or disregard of safety measures.
Legal Provisions Governing Payment of Compensation
The compensation becomes payable as soon as it falls due. A notice can be issued to the employer for the compensation due. The employer can pay the amount of compensation he acknowledges as due from him. But, if an employee with the compensation, he may appeal to the labour commissioner against the same. Also, if the employer does not pay the compensation within 30 days of notice, the employee or anyone on his behalf can file an application in the labour office. An appeal against this lies in the High Court.
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