Significant amendments were introduced by the Labour Laws (Amendment) Act, 1972, and the Act of 1986, which notably revised and increased the amounts of compensation in Schedules I and IV. These schedules, which list the types of injuries and corresponding compensation amounts, were updated to provide more substantial benefits to workmen.
Further amendments were made by the Labour Laws (Amendment) Ordinance, 1994. This ordinance aligned the definition of “workmen” in Schedule II of the Act with the definition provided under the Industrial Relations Ordinance, 2002. The Act mandates that employers compensate workmen who are injured in the course of their employment.
The compensation stipulated by the Act ranges from a lump sum amount of Rs. 100 to Rs. 200,000, depending on the nature of the injury and the wages of the workmen at the time of injury. Additionally, half-monthly payments are specified for cases of temporary disablement, with payments continuing for a maximum period of five years.
The Act also delineates specific circumstances under which an employer is not liable to compensate an injured workman. The injuries covered by the Act are categorized as follows:
- Injuries resulting in the death of a workman.
- Permanent total disablement.
- Temporary total disablement.
- Permanent partial disablement.
- Temporary partial disablement.
Schedule I of the Act provides a detailed list of injuries, including combinations of injuries that may constitute total disablement. The loss of a limb or body part is compensated based on the percentage loss of earning capacity as outlined in Schedule I. The Act also includes a list of diseases recognized as occupational diseases.
Beyond the methods for calculating compensation, the Act specifies the procedures for compensating survivors in the event of a workman’s death due to a workplace injury.
Chapter III of the Act establishes the role of Commissioners, who are appointed to handle compensation claims from injured workmen. This chapter details the powers of the Commissioners, the procedures to be followed before them, and the provisions for appeals against their decisions.
Under Chapter II, an injured workman must serve notice of his claim to the employer in a prescribed manner and must file the claim with the Commissioner within one year of the injury or death. Special provisions require employers to maintain up-to-date records of fatal accidents and to report these details to the Commissioners. Employers are also mandated to submit periodic returns of compensation paid to injured workmen to the appropriate governmental authority.
The central government has framed comprehensive rules under Section 32 of the Act to ensure the smooth and efficient implementation of the Act, with provincial governments observing separate sets of rules. Additionally, the central government has established separate rules for the submission of workmen’s compensation returns and the transfer of funds due as compensation under the Act.
Q: What is the purpose of the Workmen’s Compensation Act, 1923? A: The Workmen’s Compensation Act, 1923, aims to provide for the payment of compensation to workmen who suffer injuries by accident arising out of and in the course of their employment.
Q: Who is covered under the definition of ‘workman’ in the Act? A: The term ‘workman’ includes any person employed in various capacities specified in the Act, excluding those employed in a casual nature or otherwise than for the purpose of the employer’s trade or business.
Q: What does the term ’employer’ include under the Act? A: ‘Employer’ includes any body of persons, whether incorporated or not, managing agents of an employer, legal representatives of a deceased employer, and anyone temporarily lending or letting out the services of a workman.
Q: How is ‘compensation’ defined in the Act? A: ‘Compensation’ refers to the payment made under the provisions of the Act for injury caused to a workman by accident.
Q: What injuries are not covered for compensation under the Act? A: Injuries that do not result in the total or partial disablement of the workman for more than four days, or injuries caused due to the influence of drink or drugs, willful disobedience of safety rules, or removal of safety guards, are not covered for compensation.
Q: How is the amount of compensation for death resulting from an injury determined? A: The amount of compensation for death resulting from an injury is specified in the second column of Schedule IV of the Act.
Q: What constitutes total disablement under the Act? A: Total disablement refers to a condition, whether temporary or permanent, that incapacitates a workman from performing all work that he was capable of doing at the time of the accident.
Q: How is partial disablement defined? A: Partial disablement is defined as a condition that reduces the earning capacity of a workman in any employment he was engaged in at the time of the accident, either temporarily or permanently.
Q: What is the procedure for claiming compensation under the Act? A: A claim for compensation must be made to the Commissioner after giving notice of the accident as soon as practicable and within three years of the occurrence of the accident or death.
Q: Can compensation be assigned or attached under the Act? A: No, compensation payable under the Act cannot be assigned, charged, or liable to attachment, nor can it pass to any person other than the workman by operation of law.
Q: What happens if an employer fails to provide compensation as required by the Act? A: If an employer fails to provide compensation, the workman can apply to the Commissioner for the payment of compensation, and the Commissioner has the authority to enforce the payment.
Q: What is the method for calculating wages for the purpose of compensation? A: Wages are calculated based on the amount deemed payable for a month’s service, considering the last continuous period of service immediately preceding the accident.
Q: Can half-monthly payments be reviewed? A: Yes, half-monthly payments can be reviewed by the Commissioner if there is a change in the condition of the workman, as certified by a qualified medical practitioner.
Q: What is the role of the Commissioner under the Act? A: The Commissioner is responsible for adjudicating claims, reviewing compensation amounts, enforcing payment, and ensuring proper distribution of compensation.
Q: Are employers required to maintain any records under the Act? A: Yes, employers may be required to maintain a notice-book at their premises, which should be accessible to injured workmen and persons acting on their behalf.
Q: What is the procedure for distributing compensation in the case of a deceased workman? A: Compensation in the case of a deceased workman must be deposited with the Commissioner, who will distribute it among the dependents or as directed by the Commissioner.
Q: Can the amount of compensation be revised? A: Yes, the Provincial Government may revise the amount of compensation specified in Schedule IV by notification in the official Gazette.
Q: What happens if a workman institutes a suit for damages in a Civil Court? A: If a workman files a suit for damages in a Civil Court, he cannot claim compensation under the Act, and vice versa.
Q: Can a workman’s compensation be affected by his conduct? A: Yes, compensation can be denied if the injury is caused due to the workman’s willful disobedience of safety rules or intoxication.
Q: What are the penalties for non-compliance with the Act? A: Penalties for non-compliance with the Act may include fines or imprisonment as specified in the Act.
Q: Are there any provisions for contracting out of the Act? A: Any agreement to relinquish or reduce the right to compensation under the Act is void.
Q: How does the Act ensure the protection of compensation for the beneficiaries? A: The Act ensures that compensation is not subject to assignment, attachment, or set-off, protecting the beneficiaries’ rights.
Q: Can a workman continue to receive half-monthly payments indefinitely? A: No, half-monthly payments are subject to review and can be continued, increased, decreased, ended, or converted to a lump sum based on the workman’s condition.
Q: What should an employer do if a workman contracts a disease listed as an occupational disease? A: The employer is liable to pay compensation if the disease is peculiar to the employment, as listed in Schedule III of the Act.
Q: What is the significance of Schedule I in the Act? A: Schedule I specifies the injuries deemed to result in permanent partial disablement and the corresponding compensation.
Q: How does the Act define ‘dependent’ of a deceased workman? A: Dependents include specified relatives of a deceased workman, such as widow, legitimate and illegitimate children, parents, and others as detailed in the Act.
Q: Can a workman claim compensation for temporary disablement? A: Yes, compensation for temporary disablement is provided through half-monthly payments during the period of disablement or for a maximum of five years.
Q: What is the role of a qualified medical practitioner under the Act? A: A qualified medical practitioner provides certifications regarding the condition of the workman for purposes of review or compensation claims.
Q: How does the Act address fatal accidents at the workplace? A: The Act requires employers to report fatal accidents and deposit compensation with the Commissioner, who will then distribute it to the dependents.
Q: Can a workman’s compensation be commuted to a lump sum? A: Yes, by agreement between the parties or upon application to the Commissioner, half-monthly payments can be commuted to a lump sum.
Q: What should be included in a notice of an accident? A: The notice must include the name and address of the injured person, the cause of the injury, and the date of the accident, served on the employer or responsible person.
Q: How long does a workman have to claim compensation after an accident? A: A workman must claim compensation within three years of the accident or, in case of death, within three years from the date of death.
Q: What happens if an employer knows about the accident but the workman fails to give notice? A: The lack of notice is not a bar to the claim if the employer had knowledge of the accident from another source.
Q: Are there any exceptions to the requirement of giving notice of an accident? A: Yes, the Commissioner may entertain a claim even without notice if the failure to give notice was due to sufficient cause.
Q: How are wages calculated if a workman has been employed for less than a month? A: Wages are calculated based on the average monthly amount earned by a workman employed on similar work in the same locality.
Q: What is the effect of failing to register an agreement under the Act? A: Failure to register an agreement does not affect its validity but can impact the enforcement of its terms.
Q: Can a dependent under a legal disability receive compensation directly? A: Compensation for a dependent under a legal disability can be invested, applied, or dealt with for their benefit as directed by the Commissioner.
Q: What are the responsibilities of an employer regarding the maintenance of a notice-book? A: Employers may be required to maintain a notice-book accessible to injured workmen and their representatives, containing prescribed information.
Q: What are the consequences of neglecting children on the part of a parent receiving compensation? A: The Commissioner may vary the distribution of compensation if there is neglect of children by the parent or other sufficient cause.
Q: How does the Act handle occupational diseases contracted over a period? A: Contracting an occupational disease is deemed an injury by accident, and the disease is presumed to have arisen out of and in the course of employment unless proven otherwise.
Q: Can compensation be recovered if obtained by fraud or improper means? A: Yes, any compensation obtained by fraud, impersonation, or other improper means can be recovered as specified in the Act.
Q: What is the significance of Schedule IV in the Act? A: Schedule IV specifies the amounts of compensation payable for death, total disablement, and temporary disablement, subject to revisions by the Provincial Government.
Q: What happens to compensation if no dependents are found for a deceased workman? A: If no dependents are found, the balance of the compensation is transferred to a fund for the benefit of workmen as specified by the Provincial Government after two years.
Q: Can a workman claim compensation for an injury caused by their own negligence? A: Compensation may be denied if the injury is caused by the workman’s willful disobedience of safety rules or intoxication.
Q: What are the requirements for a medical examination under the Act? A: The Act requires a medical examination of the injured workman as part of the process for determining compensation.
Q: What is the process for an employer to appeal against a compensation decision? A: An employer can appeal against a compensation decision to the appropriate authority as specified in the Act.
Q: Can compensation be paid directly to a woman or a person under legal disability? A: No, compensation for a woman or person under legal disability must be deposited with the Commissioner for appropriate handling.
Q: What is the method for recording evidence in compensation proceedings? A: The method for recording evidence in compensation proceedings is prescribed in the Act and must be followed by the Commissioner.
Q: How does the Act address the insolvency of an employer? A: In the event of an employer’s insolvency, the Act provides for the payment of compensation from the employer’s assets or by other means as specified.
Q: Are there provisions for contracting out of the Act’s compensation schemes? A: Any agreement to contract out of the Act’s compensation schemes is void and unenforceable.
[To Be Continued]
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Q: How is the method of calculating wages defined under the Act? A: The method of calculating wages under the Act involves determining the monthly wages based on the period of service and the wages earned during that period, as outlined in Section 5.
Q: What is the significance of the Schedule II in the Act? A: Schedule II specifies the employments and workmen to whom the provisions of the Act apply, particularly those engaged in hazardous occupations.
Q: Can a workman be compensated for multiple injuries from the same accident? A: Yes, compensation for multiple injuries from the same accident can be aggregated, but it should not exceed the amount payable for permanent total disablement.
Q: How are temporary disablement payments handled under the Act? A: Temporary disablement payments are made half-monthly after a waiting period of four days from the date of disablement, continuing during the disablement or for up to five years.
Q: What is required from employers in the case of fatal accidents? A: Employers must report fatal accidents and provide statements as required by the Commissioner, detailing the circumstances and steps taken following the accident.
Q: How is compensation distributed among dependents in the case of a deceased workman? A: Compensation is distributed among dependents as deemed fit by the Commissioner, based on the circumstances and needs of each dependent.
Q: Can an employer make advances on compensation to dependents of a deceased workman? A: Yes, employers can make advances on compensation, up to ten percent of the amount payable, which will be deducted from the final compensation distributed.
Q: Are there any provisions for medical treatment expenses under the Act? A: The Act allows for the deduction of actual costs incurred for the workman’s funeral expenses and advances for medical treatment prior to the receipt of compensation.
Q: What actions can be taken if compensation is obtained through fraud? A: If compensation is obtained through fraud or improper means, the Commissioner can vary the distribution order and recover the improperly paid amount.
Q: How does the Act define ‘partial disablement’ and its implications for compensation? A: Partial disablement refers to a condition reducing the earning capacity of a workman temporarily or permanently, with compensation determined as a percentage of total disablement.
Q: What is the Commissioner’s power regarding further deposits in fatal accident cases? A: The Commissioner can require further deposits from the employer in fatal accident cases to ensure sufficient compensation is available for the dependents.
Q: Can the Provincial Government make rules under the Act? A: Yes, the Provincial Government has the authority to make rules for the implementation of the Act, including procedures for filing claims and distributing compensation.
Q: What is the role of the Tribunal under the Act? A: The Tribunal, as defined in the Punjab Industrial Relations Act, 2010, handles disputes and appeals related to compensation claims and the implementation of the Act.
Q: How does the Act ensure fairness in compensation distribution? A: The Act provides guidelines for the fair distribution of compensation among dependents and allows for adjustments based on changes in circumstances or improper claims.
Q: Can a workman’s compensation be reduced if he is partially responsible for the injury? A: Compensation may be affected if the injury is due to the workman’s willful disobedience of safety rules or if the workman was under the influence of alcohol or drugs.
Q: What is the purpose of the abstract of the Act to be fixed at the premises? A: The abstract of the Act fixed at the premises ensures that workmen are aware of their rights and the provisions of the Act for their protection and compensation.
Q: How does the Act handle the commutation of half-monthly payments? A: Half-monthly payments can be commuted to a lump sum by agreement between the parties or by application to the Commissioner if payments have continued for at least six months.
Q: What is the process for reviewing half-monthly payments? A: Half-monthly payments can be reviewed by the Commissioner upon application and certification by a qualified medical practitioner indicating a change in the workman’s condition.
Q: Are there any special considerations for women and minors under the Act? A: Yes, compensation for women and minors must be deposited with the Commissioner, who ensures it is managed in their best interest and in accordance with legal requirements.
Q: What penalties are imposed for non-compliance with the Act? A: Penalties for non-compliance can include fines or imprisonment, depending on the severity and nature of the violation as specified in the Act.
Q: How are disputes regarding compensation resolved under the Act? A: Disputes regarding compensation are resolved by the Commissioner, who has the authority to adjudicate claims and enforce compensation payments.
Q: Can a workman’s compensation claim be made for occupational diseases? A: Yes, if a workman contracts an occupational disease listed in Schedule III, it is deemed an injury by accident, and the workman is entitled to compensation.
Q: What is the significance of the notice-book maintained by employers? A: The notice-book ensures that workmen can record accidents and injuries, facilitating timely claims and ensuring that employers are aware of workplace incidents.
Q: How does the Act address the issue of employer’s liability? A: The Act establishes the employer’s liability to pay compensation for injuries caused by accidents arising out of and in the course of employment, subject to certain exceptions.
Q: Can compensation be adjusted based on the workman’s earnings after the accident? A: Yes, compensation for temporary disablement can be adjusted based on the difference between the workman’s earnings before and after the accident.
Q: What is the procedure for medical examination of an injured workman? A: The Act requires a medical examination to assess the extent of the injury and determine the appropriate compensation, with the examination conducted by a qualified medical practitioner.
Q: Can an agreement to settle compensation be registered under the Act? A: Yes, agreements to settle compensation must be registered with the Commissioner to be enforceable and to ensure compliance with the Act’s provisions.
Q: How does the Act protect workmen from unjust dismissal after an injury? A: The Act provides for compensation regardless of the workman’s employment status after the injury, ensuring that dismissal does not affect the right to compensation.
Q: Can a workman seek legal representation for compensation claims? A: Yes, workmen have the right to seek legal representation for their compensation claims and proceedings before the Commissioner.
Q: What happens if an employer disputes the compensation claim? A: If an employer disputes the compensation claim, the matter is adjudicated by the Commissioner, who determines the validity and amount of compensation.
Q: Are there any time limits for claiming compensation under the Act? A: Yes, claims must be made within three years of the accident or death, with certain exceptions allowed by the Commissioner for sufficient cause.
Q: How does the Act handle the transfer of compensation in case of no dependents? A: If no dependents are found, the compensation is transferred to a fund for the benefit of workmen, as specified by the Provincial Government.
Q: Can the Commissioner summon witnesses and examine evidence? A: Yes, the Commissioner has the authority to summon witnesses, examine evidence, and conduct inquiries to determine the validity of compensation claims.
Q: What provisions are there for the recovery of compensation? A: The Act provides mechanisms for the recovery of compensation, including the authority of the Commissioner to enforce payments and recover improperly obtained compensation.
Q: Can compensation be paid in installments? A: Yes, compensation for temporary disablement is typically paid in half-monthly installments, while other types of compensation can be commuted to lump sums.
Q: How does the Act ensure transparency in compensation distribution? A: The Act requires the deposit of compensation with the Commissioner and detailed statements of disbursements to ensure transparency and accountability.
Q: What are the rights of dependents to claim compensation? A: Dependents have the right to claim compensation in the event of a workman’s death, with the Commissioner ensuring fair distribution based on the dependents’ needs and circumstances.
Q: Can a workman waive his right to compensation? A: No, any agreement to waive or reduce the right to compensation under the Act is void and unenforceable.
Q: What happens if an employer fails to comply with the compensation order? A: If an employer fails to comply with a compensation order, the Commissioner has the authority to enforce the order and ensure payment to the workman or dependents.
Q: How does the Act handle the apportionment of compensation among multiple dependents? A: The Commissioner apportions compensation among multiple dependents based on their respective needs and circumstances, ensuring fair distribution.
Q: Can compensation be claimed for injuries occurring outside the employer’s premises? A: Yes, compensation can be claimed for injuries occurring outside the employer’s premises if the injury arises out of and in the course of employment.
Q: What is the process for appealing a Commissioner’s decision? A: An appeal against the Commissioner’s decision can be made to the appropriate authority as specified in the Act, following the prescribed procedures.
Q: Are there provisions for the adjustment of compensation in case of remarriage of a widow? A: The Act allows for the adjustment of compensation if circumstances change, such as the remarriage of a widow, ensuring fair distribution to other dependents.
Q: How does the Act address the issue of safety and preventive measures? A: The Act emphasizes the importance of safety and preventive measures, holding employers liable for compensation if they fail to provide a safe working environment.
Q: Can a workman be examined more than once for compensation purposes? A: Yes, the workman can be examined multiple times if required, with each examination providing updated information on the workman’s condition and compensation needs.
Q: What are the responsibilities of the Commissioner in fatal accident cases? A: The Commissioner is responsible for investigating fatal accidents, ensuring proper compensation is provided, and distributing it fairly among the dependents.
Q: Can compensation be paid directly to a workman’s legal representative? A: Yes, compensation can be paid to the workman’s legal representative if the workman is deceased, ensuring that the compensation reaches the rightful beneficiaries.
Q: What happens if there is a dispute over the percentage of disablement? A: Disputes over the percentage of disablement are resolved by the Commissioner, who relies on medical evidence and expert opinions to make a determination.
Q: How are half-monthly payments calculated for temporary disablement? A: Half-monthly payments for temporary disablement are calculated based on the workman’s earnings before the accident, with adjustments for any earnings during the disablement period.
Q: Can a workman’s compensation claim be transferred to another jurisdiction? A: Yes, the venue of proceedings can be transferred to another jurisdiction if deemed necessary by the Commissioner, ensuring fairness and convenience for all parties.
Q: What is the role of the Provincial Government in the implementation of the Act? A: The Provincial Government is responsible for making rules, revising compensation amounts, and ensuring the proper implementation of the Act within its jurisdiction.
Q: Are there provisions for returning advances made on compensation? A: Yes, advances made on compensation must be deducted from the final compensation amount and returned to the employer, ensuring accurate disbursement.
Q: How does the Act protect workmen from unsafe working conditions? A: The Act holds employers liable for compensation if injuries occur due to unsafe working conditions, incentivizing employers to maintain a safe workplace.
Q: What is the importance of the medical examination certificate? A: The medical examination certificate is crucial for reviewing compensation claims, as it provides evidence of the workman’s condition and eligibility for compensation.
Q: How does the Act address willful removal of safety guards by the workman? A: The Act denies compensation for injuries caused by the workman’s willful removal or disregard of safety guards, emphasizing the importance of following safety protocols.
Q: Can compensation claims be made for diseases not listed in Schedule III? A: Compensation claims for diseases not listed in Schedule III can be made if the disease is directly attributable to a specific injury by accident arising out of employment.
Q: What is the process for registering compensation agreements? A: Compensation agreements must be registered with the Commissioner to be valid and enforceable, ensuring compliance with the Act’s provisions.
Q: How are disputes between workmen and employers resolved under the Act? A: Disputes are resolved by the Commissioner, who has the authority to adjudicate claims, enforce payments, and ensure fair treatment of all parties.
Q: Can compensation be adjusted for workmen earning different wages? A: Yes, compensation is adjusted based on the workman’s earnings before and after the accident, ensuring that the compensation reflects the actual loss of earning capacity.
Q: What is the significance of Schedule III in the Act? A: Schedule III lists the occupational diseases and the employments to which they are peculiar, determining eligibility for compensation under the Act.
Q: Are there any exceptions to the time limit for claiming compensation? A: The Commissioner may entertain claims beyond the time limit if there is sufficient cause for the delay, ensuring that workmen are not unjustly denied compensation.
Q: What is the procedure for serving notice of an accident? A: Notice of an accident can be served by delivering it to the employer, sending it by registered post, or entering it in the notice-book maintained by the employer.
Q: How does the Act ensure that compensation is not misused? A: The Act requires the deposit of compensation with the Commissioner and provides guidelines for its distribution, ensuring that it is used for the intended beneficiaries.
Q: Can a workman be compensated for temporary disablement lasting less than four days? A: No, compensation is not payable for temporary disablement lasting less than four days, as specified in the Act.
Q: What are the responsibilities of employers regarding fatal accidents? A: Employers must report fatal accidents, provide statements to the Commissioner, and deposit compensation for distribution to the dependents.
Q: How are compensation claims handled if a workman changes employers? A: Compensation claims are based on the employment with the employer at the time of the accident, regardless of any subsequent changes in employment.
Q: Can a workman file a civil suit for damages while claiming compensation? A: No, a workman cannot file a civil suit for damages if he has claimed compensation under the Act, and vice versa.
Q: What is the role of the Commissioner in enforcing compensation payments? A: The Commissioner enforces compensation payments, ensuring that employers comply with orders and that workmen receive their due compensation.
Q: How does the Act protect the rights of minors receiving compensation? A: Compensation for minors must be managed by the Commissioner, who ensures that it is invested, applied, or dealt with for the minor’s benefit.
Q: Are there any provisions for adjusting compensation based on the workman’s condition? A: Yes, compensation can be reviewed and adjusted based on changes in the workman’s condition, as certified by a qualified medical practitioner.
Q: Can compensation be claimed for injuries resulting from non-occupational activities? A: No, compensation is only payable for injuries arising out of and in the course of employment, not for injuries resulting from non-occupational activities.
Q: What is the procedure for reporting a fatal accident to the Commissioner? A: The employer must report a fatal accident to the Commissioner, providing details of the accident, steps taken, and the compensation to be deposited.
Q: How does the Act address the issue of multiple dependents claiming compensation? A: The Commissioner determines the distribution of compensation among multiple dependents, ensuring fair and equitable apportionment based on their needs.
Q: Can a workman claim compensation for injuries sustained while commuting? A: Compensation for injuries sustained while commuting may be claimed if the commute is considered part of the workman’s employment, subject to specific circumstances.
Q: What are the requirements for the form of application for compensation? A: The form of application for compensation is prescribed in the Act and must include necessary details such as the nature of the injury, date of the accident, and supporting evidence.
Q: How are compensation amounts specified in Schedule IV revised? A: The Provincial Government may revise the amounts specified in Schedule IV by issuing a notification in the official Gazette.
Q: What happens if a workman is partially responsible for the accident? A: Compensation may be denied or reduced if the workman is found to be partially responsible for the accident due to willful disobedience or intoxication.
Q: Can compensation be claimed for diseases developed over a long period? A: Yes, compensation can be claimed for diseases developed over a long period if they are listed as occupational diseases in Schedule III and are peculiar to the employment.
Q: What is the process for the commutation of half-monthly payments? A: Half-monthly payments can be commuted to a lump sum by agreement between the parties or upon application to the Commissioner after six months of continued payments.
Q: How does the Act ensure the safety of workmen? A: The Act emphasizes the employer’s duty to provide a safe working environment and holds employers liable for compensation if they fail to ensure safety.
Q: Can a workman’s claim for compensation be entertained without notice? A: The Commissioner may entertain a claim without notice if there is sufficient cause for the failure to give notice, ensuring that workmen are not unjustly denied compensation.
Q: What are the responsibilities of the Commissioner in compensation proceedings? A: The Commissioner adjudicates claims, enforces compensation payments, conducts inquiries, and ensures fair distribution of compensation among beneficiaries.
Q: Can a workman receive compensation for multiple injuries from different accidents? A: Yes, a workman can receive compensation for multiple injuries from different accidents, with each claim assessed and compensated separately.
Q: How does the Act address the issue of employer insolvency? A: The Act provides mechanisms for ensuring compensation payment from the employer’s assets or by other means if the employer becomes insolvent.
Q: Can a workman claim compensation for an injury caused by another workman? A: Yes, compensation can be claimed for injuries caused by another workman if the injury arises out of and in the course of employment.
Q: What is the role of the Provincial Government in making rules under the Act? A: The Provincial Government is responsible for making rules to implement the Act, including procedures for filing claims, conducting inquiries, and distributing compensation.
Q: Are there any exceptions to the prohibition on assignment of compensation? A: The Act prohibits the assignment, attachment, or charging of compensation, ensuring that it directly benefits the workman or dependents.
Q: What is the significance of the abstract of the Act displayed at the workplace? A: The abstract of the Act displayed at the workplace informs workmen of their rights and the provisions of the Act, promoting awareness and compliance.
Q: Can a workman’s compensation be claimed for injuries caused by natural disasters? A: Compensation for injuries caused by natural disasters can be claimed if the injury arises out of and in the course of employment, subject to specific circumstances.
Q: What is the procedure for appealing a compensation decision? A: An appeal against a compensation decision can be made to the appropriate authority specified in the Act, following the prescribed procedures and time limits.
Q: Can compensation be paid to a workman’s family in case of permanent total disablement? A: Compensation for permanent total disablement is paid to the workman, but provisions exist for family support if the workman is unable to manage the compensation.
Q: How are occupational diseases listed in Schedule III identified? A: Occupational diseases listed in Schedule III are identified based on their peculiarity to specific employments, with the Provincial Government adding or revising the list as needed.
Q: Are there any provisions for adjusting compensation based on changes in the workman’s condition? A: Yes, compensation can be reviewed and adjusted based on medical evidence indicating changes in the workman’s condition, ensuring appropriate compensation.
Q: What happens if a workman’s compensation claim is found to be fraudulent? A: If a compensation claim is found to be fraudulent, the improperly paid amount can be recovered, and the workman may face penalties as specified in the Act.
Q: Can a workman claim compensation for injuries sustained while performing illegal activities? A: No, compensation cannot be claimed for injuries sustained while performing illegal activities, as such activities fall outside the scope of employment.
Q: What is the role of the Commissioner in managing compensation funds? A: The Commissioner manages compensation funds, ensuring proper distribution to beneficiaries, handling investments, and maintaining transparency in financial transactions.
Q: How does the Act address the issue of dependents contesting compensation distribution? A: The Commissioner adjudicates disputes among dependents contesting compensation distribution, ensuring fair and equitable apportionment based on their needs.
Q: Can compensation be claimed for injuries resulting from voluntary participation in dangerous activities? A: Compensation may be denied for injuries resulting from voluntary participation in dangerous activities not required by employment, emphasizing the importance of following safety protocols.
Q: What is the procedure for submitting a compensation claim application? A: The compensation claim application must be submitted in the prescribed form, including details of the injury, supporting evidence, and filed within the specified time limit.
Q: How does the Act ensure that compensation reaches the rightful beneficiaries? A: The Act ensures that compensation reaches the rightful beneficiaries through the Commissioner’s oversight, requiring deposits with the Commissioner and detailed disbursement records.
