1) Introduction :
Among the Welfare legislations protecting the interest of the workmen employed in industrial establishments, the Workmen's Compensation Act, 1923 is of great importance. It is an important social security legislation designed to effectuate the principle of Social Justice.
The main object of the Act is to impose a legal obligation on the employers to pay compensation to workmen involved in accidents while working in the premises.
The Act affords protection to a workman from losses or injury caused by accident arising out of and in the course of employment subject to certain exceptions as laid down in the Act. However, any person who is covered by Employees State Insurance Act 1948 and who is entitled to receive disablement or dependent benefit under the Act is not entitled to compensation from the employer under the Workmen's Compensation Act 1923.
2) Conditions for payment of compensation under the Act :
In order to claim compensation under the Workmen's Compensation Act, 1923 the following conditions are to be satisfied -
(1) Personal injury must have been caused to the workman;
(2) The injury must have resulted in the workman's death or permanent or temporary, total or partial disablement;
(3) The injury must have been caused by accident;
(4) The accident must have arisen out of the workman's employment;
(5) The accident must have occurred in the course of the workman's employment;
(6) The formalities prescribed by the Act must have been observed for the claim of compensation;
(7) The case must not fall under any exceptions to the provision to Section 3(1);
See also...Disablement : Classification of Disablement
(8) There must be some claimant who is entitled to compensation under this Act;
(9) The accident of must have happened in India except in case of membership and Seamen.
(10) The person from whom compensation is claimed must be one of the persons liable to pay compensation under the Act;
(11) The compensation must be calculated in accordance with the provision of the act; and
(12) The workman must not have filed a suit for damages against any person in Civil Court in respect of the same injury.
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