The growing complexity of Industry in our country, with the
increasing use of machinery and consequent danger to workmen,
along with the comparative poverty renders it advisable that
they should be protected as far as possible from hardship arising
on account of accidents. The Workmen's Compensation Act, 1923
provides for payment of compensation to the workmen suffered
injury by accident.
The Workmen's Compensation Act, 1923, aims to provide workmen
and/or their dependents some relief in case of accidents arising
out of and in the course of employment and causing either
death or disablement of workmen.
SCOPE AND COVERAGE
As per Section 1, the Act extends to the whole of India and
it applies to railways and other transport establishments, factories,
establishments engaged in making, altering, repairing, adapting,
transport or sale of any article, mines, docks, establishments
engaged in constructions, fire-brigade, plantations, oilfields
and other employments listed in Schedule II of the Act. The
Workmen's Compensation (Amendment) Act, 1995, has extended the
scope of the Act to cover workers of newspaper establishments,
drivers, cleaners, etc. working in connection with, motor vehicle,
workers employed by Indian companies abroad, persons engaged
in spraying or dusting of insecticides or pesticides in agricultural
operations, mechanised harvesting and thrashing, horticultural
operations and doing other mechanical jobs.
EMPLOYERS LIABILITY FOR COMPENSATION
As per the Section 3 of the Act, if a worker suffered personal
injury by accidents arising out of and in the course of
his employment, his employer shall be liable to pay compensation
in accordance with the provisions of the Act.
To submit a statement to the Commissioner (within 30 days
of receiving the notice) in the prescribed form, giving
the circumstances attending the death of a workman as result
of an accident and indicating whether he is liable to deposit
any compensation for the same.
To submit accident report to the Commissioner in the prescribed
form within 7 days of the accident, which results in death
of a workman or a serious bodily injury to a workman.
In case, where the employer does not accept the liability for
compensation to the extent claimed, he shall be bound to make
provisional payment to the extent of liability which he accepts
and such payment shall be deposited with the Commissioner or
make it to the workmen as the case may be without prejudice
to the right of a workmen.
The claim application should be made to the Commissioner of
Workmen's Compensation in Form VIII, IX, X and XI appended to
the Workmen's Compensation (Puducherry) Rules, 1964 within two
years from the date of occurrence of the accident.
The Commissioner of Labour functions as Commissioner for Workmen's
Compensation for the whole UT of Puducherry. The Deputy Labour
Commissioner of Puducherry has been declared as Additional Commissioner
for Workmen's Compensation in respect of Puducherry/Mahe/Yanam
Officer, Karaikal has been declared as Additional Commissioner
for Workmen's Compensation in respect of Karaikal region.