Objectives of Workmen Compensation Act
- Author :
- TATA AIG Team
- ●
- Last Updated On :
- 31/01/2025
- ●
- 2 min read
The Workmen’s Compensation Act of 1923, later amended as the Employee Compensation Act, is a critical element of the Indian legislative system designed to secure the rights of the workers and provide social security.
The Act aimed to do away with the financial and emotional complications faced by workers and their families owing to injuries, disabilities, or fatalities occurring during employment.
The Workers Compensation Act’s purpose is to provide a legal mechanism to compensate affected employees. This article dives into the Workmen Compensation Act’s objectives and its associated obligations.
What is the Workmen's Compensation Act of 1923?
The Workmen’s Compensation Act, 1923 which was later renamed as the Employee Compensation Act in 2009 ensures that workers are financially safeguarded in the unfortunate event of workplace injuries, disabilities, or fatalities.
The Act was introduced at the time of British colonial rule to address the challenges faced by industrialisation, such as increased workplace incidents, from mechanised processes and unsafe working conditions. By making the compensation mandatory without proof of employer negligence, the Act has made the process simpler for affected workers and their dependents.
It offers coverage for medical expenses, disability support, and death benefits, for varying industries promoting accountability and reducing litigation. The objective of the Workmen Compensation Act lies in safeguarding workers from financial hardships caused by occupational risks.
Moreover, the Workmen Compensation Act 1923 objectives also include fostering a safe working environment with prompt financial aid. This makes it a critical piece of labour law aimed at enhancing employee welfare and industrial harmony.
Workmen Compensation Act, 1923 Objectives
The Workmen Compensation Act 1923's objective is to secure the rights of the employees and ensure their financial and social protection in the unfortunate event of workplace incidents. By legally mandating the accountability of the employer and ensuring clear legal provisions, the Act has been essential in maintaining a balanced and efficient framework. Below are the primary Workmen Compensation Act 1923 objectives:**
-Financial Security for Workers and Dependents: The Act ensures that the employees and their dependents receive fair compensation in the unfortunate event that they sustain injuries, disabilities, or fatalities at the workplace to address financial hardships.
-No-Fault Compensation System: The main objective of the Workmen Compensation Act is to ensure compensation regardless of employer negligence, which simplifies the process for affected workers.
-Encouraging Workplace Safety: By stating the accountability of the employer, the Act incentivises safer working environments and promotes the implementation of appropriate safety protocols.
-Prompt and Fair Compensation: The Workers Compensation Act’s purpose also includes ensuring the timely resolution of claims which subsequently prevents prolonged litigation and offers immediate financial relief for workers and their families.
-Holistic Legal Framework: The Act outlines clear guidelines for claims, dispute resolution, and employer responsibilities, which ensures transparency and fairness towards the employees as well as the employers.
-Reducing Employer Financial Burden: Employers have the option of investing in reliable worker’s compensation insurance to mitigate their financial risks while ensuring adherence to statutory obligations.
-Upholding Social Justice: The Act makes sure neither the workers nor their dependents are left in a financially vulnerable situation, thereby effectively fostering equitable employer-employee relationships.
The objective of the Workmen Compensation Act 1923 is to establish a secure and fair system that not only supports workers but also encourages workplace safety while balancing employer responsibilities. This embodies the principles of social justice and legal compliance.
-Also Read: How Does Workmen Compensation Act Protect Employees
Eligibility Criteria for Claiming Compensation
The Workmen Compensation Act is designed to ensure financial protection for employees who suffer workplace injuries, disabilities, or fatalities. Under this provision, every employee is eligible to receive compensation if any harm occurs to them at the workplace when performing their job-related work. Notably, there is no cap on the upper wage for workers who would qualify under this provision.
Eligibility for the compensation is outlined under Section 2(1)(m), which considers wages to include allowances such as free accommodation, overtime, food benefits, and bonuses. On the other hand, travel-related expenses and employer contributions to pensions or provident funds are excluded.
Employers are expected to offer compensation with the help of workmen compensation policy in cases of workplace accidents, occupational diseases, or injuries directly arising out of employment. These provisions have been designed to align with the Workmen Compensation Act’s objectives to ensure fair and timely compensation, thereby protecting the workforce from financial stressors.
Workmen's Compensation Act 1923 - Amount of compensation
Under the Workmen’s Compensation Act of 1923, the compensation for employees is determined based on the nature and severity of the injury. Section 4 of the Workmen's Compensation Act 1923 outlines the amount of compensation workers are liable to receive. Here’s what it states:**
-Temporary Disabilities: Employees who have sustained temporary disabilities are entitled to up to 25% of their monthly wages at the time of recovery.
-Permanent Total Disabilities: For permanent total disability, the compensation payable is either 60% of the monthly salary of the worker, or ₹1,20,000, whichever is higher.
-Permanent Partial Disabilities: In the case of permanent partial disabilities, the amount payable is calculated as a percentage of the worker’s income loss, as mentioned in Schedule I, Part II of the Act.
-Death: In the unfortunate event of workplace fatalities, the dependents are eligible to receive 50% of the salary of the deceased or ₹1,20,000, whichever is higher.
To help employers address the aforementioned responsibilities, insurance companies have enabled the option to buy workmen’s compensation policies online.
Key Updates to the Workmen’s Compensation Act, 1923
The Workmen’s Compensation Act, of 1923 has undergone significant changes to ensure its relevance in current workplace conditions and employee requirements.
A key amendment was made in 2010 when the Act was renamed the Employee’s Compensation Act, which reflected the broad scope of its application.
In addition to this, on January 3, 2020, the Ministry of Labour and Employment revised the ceiling of wages in calculating the compensation, increasing it from ₹8,000 to ₹15,000.
These updates align with the objective of the Workmen Compensation Act 1923, which aims to offer fair and adequate compensation to not just the employees but also their dependents in the event of workplace injuries, disabilities, or fatalities.
Under the Act, employers are expected to compensate workers for any accidents in the workplace, aggravated medical conditions due to workplace injuries, and cases of disability or death at the time of employment. These amendments underscore the commitment of the Act to safeguard employees and ensure their financial protection in the face of occupational hazards.
Employers can meet their obligations under the Workmen Compensation Act 1923 by investing in workers’ compensation insurance that would offer coverage against workplace injuries, disabilities, or fatalities.
Understanding Coverage Under Workmen’s Compensation Policy
The Workmen Compensation Act, of 1923 was designed to ensure financial safety for employees or their dependents in the event of workplace-related injuries or fatalities. The coverage that is provided under this Act is adopted by the employer and can be procured via insurers or through a workmen’s compensation policy online. Here are the key areas of coverage:**
-Injuries During Workplace Accidents: Compensation that is offered if the employee sustains bodily injuries in accidents while performing official duties.
-Temporary Disablement: Provides financial support for injuries that result in a temporary inability to work.
-Permanent Disablement: Coverage includes partial and total permanent disabilities caused by workplace accidents.
-Fatalities at Work: If an employee passes away due to a work-related incident, their dependents would be entitled to receive death benefits.
-Occupational Diseases: Coverage includes injuries, illnesses, or fatalities caused by hazardous working conditions.
-Legal and Other Expenses: The policy also offers reimbursement of legal or related costs incurred due to such incidents.
The workmen’s compensation policy offers comprehensive financial protection to employees while ensuring employers meet their obligations, making it a key element in ensuring workplace safety and employee protection.
-Also Read: Workman Compensation Insurance Policy and its Benefits
In Conclusion
The Workmen’s Compensation Act, of 1923 plays an important role in protecting the employees and their dependents against the challenges resulting from workplace injuries, disabilities, or fatalities.
By opting for worker’s compensation insurance, employees can efficiently meet their obligations and ensure prompt and adequate compensation without having to stress over finances. A workmen’s compensation policy is designed to ensure comprehensive coverage against specific workplace risks. With the ability to buy workmen's compensation policy online, it has now become easy to find desirable coverage without having to queue up at the insurance office.
For businesses, particularly SMEs, a robust SME insurance policy combined with reliable workmen compensation insurance is important to ensure both compliance and employee welfare. TATA AIG offers a host of robust policies with transparent terms that aid businesses in navigating workplace risks seamlessly and with confidence.
Frequently Asked Questions (FAQs)
-Who is secured under the Workmen’s Compensation Act of 1923?
All employees, including those who have been hired via contractors, are covered for workplace incidents.
-What is included under a workmen’s compensation policy?
Under a workmen’s compensation policy, the employees are secured against medical expenses, disability compensation, as well as death benefits.
-Can dependents claim benefits under the Act?
Yes, dependents of deceased workers would be eligible to receive death benefits under the policy.
Disclaimer / TnC
Your policy is subjected to terms and conditions & inclusions and exclusions mentioned in your policy wording. Please go through the documents carefully.
