A worker at my factory in Thiruvananthapuram suffered an injury on duty; what compensation is payable under the Workmen's Compensation Act?

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 Kerala High Court within sixty days.

The Kerala Rent Control Act 1963 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.