A worker at my factory in Muzaffarpur suffered an injury on duty; what compensation is payable under the Workmen's Compensation Act?
KA Asked by Kavita Joshi from India
Quick Answer
Under the Employees' Compensation Act, 1923 (formerly Workmen's Compensation Act), an employer is liable to pay compensation to an employee who suffers personal injury by accident arising out of and in the course of employment.
Detailed Legal Analysis
Under the Employees' Compensation Act, 1923 (formerly Workmen's Compensation Act), an employer is liable to pay compensation to an employee who suffers personal injury by accident arising out of and in the course of employment. The compensation amount depends on the nature of injury: for death, it is fifty percent of monthly wages multiplied by the relevant factor, or a minimum of one lakh twenty thousand rupees.
For permanent disability, the compensation is calculated based on the loss of earning capacity, and for temporary disability, half-monthly wages are paid. The Commissioner for Workmen's Compensation has jurisdiction to adjudicate claims, and his award is appealable before the Patna High Court within sixty days.
The Bihar Rent Control Act 2017 on compensation may have additional rules. The employer must report fatal accidents within seven days, and non-payment of compensation within one month of the award attracts additional penalty.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.