Chapter: 4.6 Social Security Schemes in the Workmens Compensation Act

Social Security Schemes

This enactment it a kind of social security legislation. It came in force in the year 1923 and thus it is an oldest enactment of the kind. In the year 1948 the Employees state Insurance Act was introduced and through it another social insurance scheme took place. The later scheme rests on joint contribution by workers, employers and Government. This is not the case with the earlier Act of 1923. These two legislations i.e. the Act of 1923 and the Act of 1948 together could be called code of social security benefits for the workers. However it must be noted that only one of these two Acts is applicable.

Hospital Industry is at present covered by the workmen's compensation Act of 1923.

• Occupational Diseases
The schedule No.3 of the Act gives the list of occupational diseases. This schedule should be read and remembered along with the provisions of section 3(2), (2-A), (3), (4) & (5)

• Employer not liable for compensation

Section 3 of the Act speaks of employer's liability for compensation with some exceptions enumerated therein. Exceptions:

1. In respect of any injury which does not result in total or partial disablement of the workman for a period exceeding three days.
2 In respect of any injury (injury Not resulting in Death) (OR permanent total disablement) caused by an accident which is directly attributable to

i) Workman under influence of drink, drugs or
ii) Wilful disobedience of the workman to an order expressly given, o r to rule expressly framed, for the purpose of securing the safety of workman, or
iii) The wilful removal or disregard by the workman of any safety guard or other device which he knew - to have been provided for the purpose of securing the safety of workman.