Employees compensation act
Neeraj Kaushal
(Querist) 10 September 2014
This query is : Resolved
Sir,
my client sufferred 30% disability in accident . My client is government employee he sufferred injury while course of his employment . I want to know the formula of calculation of compensation amoutn. How much compensation he can claim under Employees compensation Act from his employer
Sudhir Kumar, Advocate
(Expert) 10 September 2014
please read
The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
S/47. Non-discrimination in Government Employment - (1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service:
Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits:
Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.
(2) No promotion shall be denied to a person merely on the ground of his disability:
Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.
Kumar Doab
(Expert) 11 September 2014
If the query pertains to compensation as per Employee Compensation Act then the above advice is not relevant to the query.
The age of employee is also required for doing the calculation.
Search a bit and you shall find calculators in Excel form :
Workmen Compensation Calculator.xls
just enter age, wages, nature of injury with % disability, Min. Wages as in the state, relevant factor, loss of earning capacity% and you will get the calculated amount.
Max. wages set for this purpose are Rs.8000/pm.
Relevant Factors as per schedule IV
The Act also provides that Medical expenses in connection with accident is to be to be met by the employer without any limit.
Rajendra K Goyal
(Expert) 11 September 2014
Well advised, agree with the expert Kumar Doab.
Sudhir Kumar, Advocate
(Expert) 11 September 2014
The above rule position shown by me clearly indicates that govt employee cannot lose earning capacity even if he is rendered handicapped.
The compensation can be restricted only upto trauma and medical expenses.
The author has not specified nature of injury/post held/deptt.
T. Kalaiselvan, Advocate
(Expert) 17 September 2014
I too endorse the views of expert Mr. Sudhir Kumar on the subject query.
Sudhir Kumar, Advocate
(Expert) 18 September 2014
I could have offered more meaningful advise if the facts of the case were there.
Raj Kumar Makkad
(Expert) 18 September 2014
@Sudhir! This problem has come in the way of every expert.
