Mumbai University > CIVIL > Sem 7 > Quantity survey Estimation and valuation

Marks: 5 M

Year: May 2013, Dec 2012

Workmen Compensation Act

1. The intention of the act is to provide certain relief to workers who have lost their earning capabilities because of industrial accidents. The act provides for the payment of compensation in case of accidents in work sites.

2. The employer is liable to pay compensation to workmen under the following conditions:

   a. Some personal injuries resulting in the death or total or partial disablement exceeding three days

   b. The injuries that have taken place by accident in the course of employment.

   c. The employer shall not be liable to pay compensation in the following cases:

   1. If the workman was intoxicated at the time of the accident.

   2. If the workman knowingly disobeyed a safety order or removed a safety device.

3. An accident itself is not the sufficient ground for the entitlement to compensation. For example, a cardiac attack during working hours does not immediately qualify for workman compensation.
4. The accident must be arising out of and in course of the employment.
5. The amount of compensation depends upon the type of accident and the average salary of the employee.