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Tamil Nadu National Law University

The document discusses compensation for injured workers in India under various labor laws. It focuses on compensation for mine workers injured on the job. [1] The Workmen's Compensation Act of 1923 provides compensation for injuries sustained during work for companies with less than 20 employees, including mine workers, and outlines categories of disability compensation - death, permanent total disability, permanent partial disability, and temporary disability. [2] The Mines Act of 1952 regulates health and safety for mine workers. It defines a mine and requires compensation be provided to mine workers injured during the course of employment. [3] Schedules II and III of the Workmen's Compensation Act list mine workers as eligible for compensation and define

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52 views5 pages

Tamil Nadu National Law University

The document discusses compensation for injured workers in India under various labor laws. It focuses on compensation for mine workers injured on the job. [1] The Workmen's Compensation Act of 1923 provides compensation for injuries sustained during work for companies with less than 20 employees, including mine workers, and outlines categories of disability compensation - death, permanent total disability, permanent partial disability, and temporary disability. [2] The Mines Act of 1952 regulates health and safety for mine workers. It defines a mine and requires compensation be provided to mine workers injured during the course of employment. [3] Schedules II and III of the Workmen's Compensation Act list mine workers as eligible for compensation and define

Uploaded by

sriprasad
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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TAMIL NADU NATIONAL LAW UNIVERSITY

B.COM.LL.B., (HONS.),

LABOUR LAW

BY:-

J.SRIPRASAD

BA0160048

SECTION-A

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Compensation paid for injuries to workers working in mines

Introduction:-

Compensation for workers in India varies depending on the size of the company. If the business
employees more than 20 employees, the Employees’ State Insurance Act, 1948 applies. Under
this act, employees and the company pay toward an insurance benefit in case of injury. When
a workplace injury occurs (during the course of employment), the injured employee is able to
avail of both medical and financial support.

If the business employs less than 20 people, the company must refer to the Workmen’s
Compensation Act, 1923. This act outlines methods for providing compensation to employees
injured on the job. The Workmen’s Compensation Act is particularly pertinent to small office
places and small-scale manufacturing operations.

The Mines Act, 1952 came into force on 1st July, 1952. Mines Act, 1952 was legislated with
the purpose of regulating the health and safety of labourers working in the mines

Issue:-

When do Employers Need to Compensate an Injured Employee?

The Workmen Compensation Act requires employers to compensate an employee if the


employee is injured while performing their duties during work hours. Beyond this, the injury
must be deemed to have disabled the employee.

Although assessing whether the employee was injured while performing work duties can be
difficult, the definition for ‘disabled’ is quite clear. Under the Workmen Compensation Act,
there are four types of disability, which are compensated in different methods. The four
categories of disability are death, permanent total disability, permanent partial disability and
temporary disability.

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Death:-

In the unfortunate case of a death, the worker’s immediate dependents are entitled to
compensation. A worker’s compensation for death during the course of employment is half the
worker’s monthly wage multiplied by a factor based on the employee’s potential future
earnings.

Permanent Total Disability:-

Permanent total disability is relevant when a worker can no longer perform any of their
previous duties due to an on-the-job injury. This injury must be assessed to permanently affect
the employee’s ability to perform their duties.

In this case, the worker is entitled to 60 percent of their monthly wage multiplied by a factor
based on the employee’s potential future earnings. The total payment must be a minimum Rs.
1,40,000/-, but this figure can be significantly larger based on the actual age of the injured
employee.

Permanent Partial Disability:-

When an employee has sustained an injury that renders them unable to perform their role at the
same capacity for the rest of their career, the employee is entitled to permanent partial
disablement compensation.

Temporary Disability:-

Employees that sustain injuries that render them disabled, permanently or partially, for a
temporary period are compensated through temporary disability.

The Workmen’s compensation act dictates that if that if the employer and injured employee
cannot come to an agreement on compensation, the dispute will be settled in a court of law.
Any such court case will likely involve testimony from the employee’s family, co-workers and
workplace supervisors. These cases are costly and time-consuming for both the employer and
the injured employee.

The Mines Act, 1952:-

It came into force on 1st July, 1952. The provisions of the said Act came into force on different
dates but not later than 31st December, 1953 as has been mentioned in the Act. The

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applicability of the Act is extended to the whole of India. Mines Act, 1952 was legislated with
the purpose of regulating the health and safety of labourers working in the mines. Mines Act,
1952 consists of 88 sections divided into 10 chapters. The said Act came into existence solely
for the safety and health and welfare of workers working in the mines. The Act however,
defines as to what is a mine. As per clause (j) of section 2 of the Act, mine means the place
where any excavation work is carried on for the searching and obtaining of minerals. Minerals
as per clause (jj) of section 2 means those substances which can be obtained from the earth by
means of digging, dredging, drilling, mining or through other operations.

The Workmen’s Compensation Act, 1923:

The Workmen’s Compensation Act, 1923 provides for payment of compensation to workmen
and their dependants in case of injury and accident (including certain occupational disease)
arising out of and in the course of employment and resulting in disablement or death. The
Act applies to railway servants and persons employed in any such capacity as is specified in
Schedule II of the Act. The schedule II includes persons employed in factories, mines,
plantations, mechanically propelled vehicles, construction works and certain other hazardous
occupations.

CHAPTER II. WORKMEN’S COMPENSATION:-


Employer’s liability for compensation (1) If personal injury is caused to a workman by
accident arising out of and in the course of his employment his employer shall be liable to
pay compensation in accordance with the provisions of this Chapter : Provided that the
employer shall not be so liable - (a) in respect of any injury which does not result in the total
or partial disablement of the workman for a period exceeding three days; (b) in respect of any
injury not resulting in death or permanent total disablement caused by an accident which is
directly attributable to - the workman having been at the time thereof under the influence of
drink or drugs or the wilful disobedience of the workman to an order expressly given or to a
rule expressly framed for the purpose of securing the safety of workmen or the wilful removal
or disregard by the workman of any safety guard or other device he knew to have been
provided for the purpose of securing the safety of workman.

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Schedule II in the Workmen Compensation Act,1923 there is a list of persons who, subject
to the provisions of section 2 (1)(a) are included in the definition or workmen

SCHEDULE II – see section 2 (1) (n)


….. “ (v) employed in any mine as defined in clause (j) of section 2 of the Mines Act 1952
(35 of 1952) in any mining operation or in any kind of work other than clerical work
incidental to or connected with any mining operation or with the mineral obtained or in any
kind or work whatsoever below ground.”

Schedule III in the Workmen Compensation Act,1923 there is a List of Occupational Disease
as defined under section 3

The amount of compensation to be paid depends on the nature of the injury and the average
monthly wages and age of workmen. The minimum and maximum rates of compensation
payable for death (in such cases it is paid to the dependents of workmen) and for disability
have been fixed and is subject to revision from time to time.

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