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Unit 2: Definitions under Workmen’s Compensation Act, 1923

Notes

Task Find out the power to require from employers statements regarding fatal
accidents.

Contracting Out

A contract or agreement, whereby the workman relinquishes his right to compensation from
the employer for the personal injury arising out of and in the course of employment, is null and
void to the extent to which such contract or agreement purports to remove or reduces, the
liability for, the payment of compensation. The compensation payable to the workman or to his
dependents cannot be assigned, attached or charged (Section 9 and 17).

Claims and Appeals

In case the compensation is not paid by the employer, the workman concerned or his dependents
may claim the same by filing an application before the Commissioner for Workmen’s
Compensation. The claim shall be filed within a period of two years of the occurrence of the
accident or death. The application which is filed after the period of limitation can be entertained
if sufficient cause exists. An appeal will lie to the High Court against certain orders of the
Commissioner if a substantial question of law is involved. An appeal by an employer against an
award of compensation is incompetent unless the memorandum of appeal is accompanied by a
certificate that the employer has deposited the amount of such compensation. Unless such a
certificate accompanies the memorandum of appeal, the appeal cannot be regarded as having
been validly instituted.
Section 10 of the Act provides that no claim or compensation shall be entertained by the
Commissioner unless notice of the accident has been given in the manner provided as soon as
practicable. (This is subject to certain exceptions noted below.)
The required notice must be served upon the employer or upon any of several employers or
upon any person responsible to the employer for the management of any branch of the trade or
business in which the injured workman was employed. .
The notice shall give the name and address of the person injured the cause of the injury and the
date of the accident. The notice may be given by the injured workman or by anybody on his
behalf. It may be served by delivering it or sending it by registered post.
The State Government may require that any prescribed class of employers shall keep at the place
of employment a notice book (accessible to all workers or persons acting bonafide on their
behalf) where the occurrence of accidents may be recorded. An entry in the notice-book is
sufficient notice.
The want of notice or any defect or irregularity in it shall not be a bar to a claim in the following
cases:

(1) Where a workman dies or an accident occurring in the premises of the employer or while
working under the control of the employer or of any person employed by him and the workman
died on the premises or without leaving the vicinity of the premises.
(2) If the employer or anyone of several employers or any person responsible to the employer
for the management of any branch of the trade or business in which the injured workman was
employed, had knowledge of the accident from any other source at or about the time when it
occurred.

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