Explain the different kinds of disabilities under the Workmen's Compensation Act.
Find the question and answer of the Labour Law only on Legal Bites.
Question: Explain the different kinds of disabilities under the Workmen's Compensation Act.Find the question and answer of the Labour Law only on Legal Bites. [Explain the different kinds of disabilities under the Workmen's Compensation Act.]AnswerDisablement is termed as the lack of efficiency to work or move. In respect of the types of disablement in the Workmen Compensation Act, disablement is coined as the reduction in the earning capacity of the employees due to the happening of an...
Question: Explain the different kinds of disabilities under the Workmen's Compensation Act.
Find the question and answer of the Labour Law only on Legal Bites. [Explain the different kinds of disabilities under the Workmen's Compensation Act.]
Answer
Disablement is termed as the lack of efficiency to work or move. In respect of the types of disablement in the Workmen Compensation Act, disablement is coined as the reduction in the earning capacity of the employees due to the happening of an event or accident occurring during employment which is compensated by the employers under the Workmen's Compensation Act.
This must be noted that the act leads to the step of taking care of the employees so that they work willingly which is further elaborated in employee retention meaning.
Classification/Types of Disablement In Workmen Compensation Act :
A) Total disablement
B) Partial disablement
Which can be further categorized as:
a) Temporary disablement
b) Permanent disablement
1. Temporary Total Disability
This is when an employee temporarily cannot perform any of their regular work duties while they are recovering. After the recovery period, the worker can return to work. The state the employee works in sets the benefits received. Some states may place limits on the dollar amounts a worker receives.
2. Temporary Partial Disability
This occurs when an employee is unable to perform all of their regular duties. Since the employee cannot perform their complete job, the Employer does not pay them their complete salary. TPD benefits will compensate for the lower income and vary from state to state. This is calculated by the difference between the employee’s regular salary and their lowered income during recovery.
3. Permanent Total Disability
An employee suffers an injury that permanently prevents them from working in the capacity in which they were trained. Depending on the State in which the benefits are coming from, they may provide the worker with lifetime benefits or stop at retirement age. However, most states pay benefits based on the nature and severity of the injury, and the length of time varies from state to state.
4. Permanent Partial Disability
An employee is able to return to work but has some permanent impairment which prevents the employee from working as they did before the injury. This means the worker often can work in a different role but typically earns less than they would have made prior to the injury.
The type of Permanent Partial Disability will determine how the benefit is paid. The two types of Permanent Partial Disabilities are:
- Schedule loss of use covers lost body parts (i.e. finger, etc.). Benefits are paid by a set number of weeks based on the body part.
- Non-Schedule covers all other injuries (i.e. earring loss). Benefits are paid based on the employees earning capacity.
Mayank Shekhar
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