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

The compensation shall be paid by the employer to a workman for any personal injury Notes
sustained by him in an accident arising out of and in the course of his employment.

 In case the compensation is not paid by the employer, the workman concerned or his
dependants may claim the same by filing an application before the Commissioner for
Workmen’s Compensation.

2.6 Keywords

Commissioner: Commissioner means a Commissioner for Workmen’s Compensation appointed
under Section 20.
Compensation: Compensation is the total cash and non-cash payment offered by an employer
to an employee in return for the services rendered to the company.
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.
Disablement: Disablement means loss of capacity to work or to move.

Total Disablement: It means such disablement, whether of a temporary or permanent nature, as
incapacitates a workman for all work which he was capable of performing at the time of the
accident resulting in such disablement.
Workman compensation: Workers’ compensation is a form of insurance providing wage
replacement and medical benefits to employees injured in the course of employment in exchange
for mandatory relinquishment of the employee’s right to sue his or her employer for the tort of
negligence.

2.7 Review Questions

1. What is the object of the Workmen’s Compensation Act, 1923?

2. Write short note on workman.
3. “There is legal decision regarding the question who is a workman.” Enumerate.
4. What is Disablement?

5. What are the various benefits payable under the Act?
6. What exactly is the meaning of the expression “arising out of and in the course of
employment”?

7. What are the circumstances under which the employer is not liable to pay compensation
for injury to a workman?
8. What are the powers of the Commissioner for Workmen’s Compensation?

9. Write short note on claims and appeals.
10. What are the functions of the Commissioner?

Answers: Self Assessment

1. July 1, 1924 2. Schedule II

3. State Governments 4. Employers

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