What is the qualification of employees to make claim under W C Act

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The Act gives compensation to the employees or their dependants in case there is disability or death due to the nature of work done by them during employment. This also includes any occupational disease or industrial accident that the employee may encounter during the tenure of the employment and arising out of te course of employment which leads to disability or death.
Specifically, a worker is entitled to compensation in case of:
1. Death
2. Permanent total disablement
3. Permanent partial disablement
4. temporary disablement - both total and partial
5. It has contracted an occupational disease

However, the following cases are not covered under WC act:
1. In case of injury or accident has occured due to certain perils or wars.
2. In case the employee has chosen to ignore or refused to follow the laid down safety guidelines and mechanisms
3. In case the accident or injury was caused when the employee was under the influence of alochol or drugs
4. If the accident and the resulting does not result in a partial or total disablement lasting more than 3 days.
The compensation is calculated on following grounds:
1. Death : Rs.140000 or 60% of monthly wage multiplied by relevant factor
2. Permanent total Disability: Rs.120000 or 50% of monthly wage multiplied by relevant factor
3. Permanent Partial disability: Estimated on pro rata basis
4. Partial disability (lasting more than 3 days): 25% of monthly wage.

Advocate Siddhant Sharma LawRato