Thursday, March 25, 2010

Chapter: 4.4 Distribution of Compention in the Workmens Compensation Act

Distribution of Compention

A workman whose injury has resulted in death, and no payment of a lump sum as compensation to a woman or a person under a legal disability shall deposit with the Commissioner. Any payment made by the Employer directly cannot be said to the payment of compensation.

In case of a deceased workman, an employer may make any dependen advances on account of compensation, i.e. amount equivalent to 3 month wages and does not exceed the compensation payable to that dependent, thi amount shall be deducted by the Commissioner from the compensatio payable to the employee (deceased).

On deposit of money, the Commissioner of Workmen's Compensation shall necessary publish or serve a notice to the dependent calling the dependents It appear before him on such a date for the distribution of the compensation After necessary inquiry which the Commissioner deems necessary, that n dependent exists, he shall pay the balance amount to the employer. The employer if demands the disbursement of the amount, the details of amoun shall be furnished. The amount of compensation deposited shall b apportioned amongst the dependents of the deceased workman. The discretion is that of the Commissioner whom to give the amount o compensation.

When the lump sum amount is payable to a workman or a person under lega disability, the sum may be reinvested or otherwise dealt with for the bene of the woman, and may be paid half-monthly, payment is payable to an person under legal disability on his own notion of payment be made for the welfare of the workman. Where an application is made to the commissioner an amount of neglect of children on the part of the parent or variation circumstances of the dependent or of any other sufficient cause, t Commissioner may make such orders for the variation of the former order he thinks just in the circumstances. No orders be passed unless such persor has been given an opportunity of showing cause as to why such an order should not be made.

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