Chapter: 4.5 Schedule in the Workmens Compensation Act

Factors for working out lump sum equivalent of compensation amount in case of permanent disablement and death.

Completed years of age immediately proceeding the date on which the compensation fell due

In case pay is less than Rs. 2000, then calculate daily wages & multiply by 26 (26 working days in a month). Multiply the result of the above process by the factor for that age.
Relevant date of determination entitlement to compensation is the date on which the employee died and not the date on which enquiry was made - Raru V/ s Deputy Commissioner of Labour 1985 (I) LLN 365.
Where any order of payment of compensation has been obtained by fraud, impersonation or other improper means, any amount so paid shall be recovered as follows :
The Commissioner may recover as an arrears of land revenue whether under an agreement for payment of compensation or otherwise as per Section 5 of Revenue Recovery Act, 1890.
No claim for compensation shall be entertained by a Commissioner, unless notice of the accident has been given in the manner referred to hereinafter, after the happening and within a period of 2 years in the case of death.
The period of 2 years shall be counted from the day the workman gives noti of the disablement to his employer - (partial disablement.)
Where the workman is continuously employed and ceases to be employ and develops symptoms of any occupational disease peculiar to th employment within 2 years of the cessation of the employment, the accide shall be due to employment, provided that the accident shall not be barred the entertainment of a claim.
a) If the claim is in respect of the death of a workman resulting from accident which occurred on the premises of the employer or any pi where the workman at the time of the accident was working under control of the employer and the workman died on such premises without having left the vicinity has died in the accident.
b) Where if the employer had knowledge of the accident from any ot] source at or about the time when it occurred.
Where the Commissioner received information from any source that workman had died as a result of accident arising out of and in the course of his employment, then a notice may be sent to the employer by RPAD giving him 30 days to submit his submissions regarding the circumstances attending the death of the workman) indicating whether in the opinion of the employer, he is not liable to deposit compensation for the death of the workman.
If the employer is liable, he may deposit the amount within 30 days, if he is not liable then the grounds indicating his disclaims. Where the employer has so disclaimed his liability the Commissioner may inform the dependents of the deceased workman and it is open for the dependents to prefer a claim for compensation.
Where any accident occurring on the premises of the employer results in death, the person required to give the notice within 7 days of the death send a report to the Commissioner giving the circumstances of the death.
"Serious bodily injury" means an injury which involves, the permanent loss of the use of or permanent injury to any limb loss or injury to the sight or hearing or of the facture of any limb or the enforced absence of the injured from work for a period exceeding 20 days.
Where the workman giving notice of the accident, he shall before the expiry of 3 days from the time at which service of the notice is effected offers himself for medical examination free of charge by a qualified Medical Practitioner and any workman who receives half monthly payment shall submit himself for such examination from time to time.
Any workman who refuses to submit himself for medical examination, the right to compensation shall be suspended during the continuance of refusal or obstruction.
Where a person in the course of or for the execution by or under the contract or of the whole or part of any work which is ordinarily part of the trade or business of the principal employer, he shall be liable to pay to any workman employed in the execution of work any compensation which he would be liable to pay if the workman has been immediately employed by him.
Where the principal is liable to pay compensation under this section, he shall be entitled to be indemnified by the contractor and all questions regarding the amount and right and default of agreement be settled by the Commissioner.
Nothing shall be construed as preventing a workman from recovering compensation from the contractor instead of the principal.
Where an accident has occurred elsewhere in or about the premises on which the principal has undertaken or usually undertaken to execute the work or which are otherwise under his control or management.
Where the workman has recovered compensation in respect of any injury caused under circumstances creating a legal liability of some person other than the person by whom the compensation was paid, the person by whom the compensation was paid and any person who is called on to pay or indemnify shall be entitled to be indemnified by the person to pay damages.