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State of Tamilnadu - Section

Section 17 in Tamil Nadu Goldsmiths Social Security And Welfare Scheme, 2006

17. Personal Accident Relief.

(1)All registered manual workers when met with the accident are eligible for Personal Accident Relief [and where the accident results in death, their nominees are eligible for Personal Accident Relief.] [Inserted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]Explanation. - For the purpose of this clause, "accident" means any bodily injury [***] [Words 'or death' omitted by G.O. Ms. No. 37, dated 28.2.2011, published dated 1.3.2011.] or loss of limbs or loss of sight resulting solely and directly from accident arising out of, and in the course of, his employment [or death] [Inserted by G.O. Ms. No. 37. dated 28.2.2011, published dated 1.3.2011.] but does not include any intentional self injury, suicide, attempted suicide, injury caused while under the influence of intoxicating liquor or drugs or resulting from the injured worker committing any breach of the law or rules, regulations or instructions applicable, from time to time.
(2)The risk covered by the Scheme and the amount of compensation payable shall be as follows : -
(a) Death   Rs. 1,00,000
(b) Loss of actual physical separation of ortotal and irrecoverable loss of use of-    
(i) both hands; or   Rs. 1,00,000
(ii) both feet; or    
(iii) one hand and one foot; or    
(iv) total and irrecoverable loss of sight in both eyes,    
(c) Loss of actual physical separation of or total andirrecoverable loss of use of -(i) one hand; or   Rs. 50,000
(ii) one foot; or    
(iii) total and irrecoverable loss of sight in one eye.    
(d) Permanent total disablement from injuriesother than those specified in items (b) and (c) above.   Rs. 25,000
(e) Permanent partial disablement as specifiedin column (1) of the Table appended hereunder.   At the rate specified in the corresponding entryin column (2) of the Table below:
Table
Nature of disablement Compensation in percentage (to be applied onRs. 1,00,000)
1   2
      Percent
1 Loss of toes All 20
    Great both phalanges 5
    Great One phalanx 2
    Other than great 1
    if more than one toe lost each 1
2 Loss of hearing Both ears 50
3 Loss of hearing one ear 15
4 Loss of four fingers and thumb of one hand   40
5 Loss of four fingers   35
6 Loss of thumb Both Phalanges 25
7 Loss of index finger Three Phalanges 10
    Two Phalanges 8
    One Phalanx 4
8 Loss of middle linger Three Phalanges 6
    Two Phalanges 4
    One Phalanx 2
9 Loss of ring finger Three Phalanges 5
    Two Phalanges 4
    One Phalanx 2
10 Loss of little finger Three Phalanges 4
    Two Phalanges 3
    One Phalanx 2
11 Loss of Metacarpal 1st or 2nd 3rd, 4th or 5th (Additional) 3
    (Additional) 2
12 Any other permanent partial disablement Percentage as assessed by the Doctor.  
[(2-A) In case of disablement due to accident, the registered manual worker shall also be eligible to claim wheel chair or artificial limbs, in addition to the amount of compensation.] [Inserted vide G.O. Ms. No. 64, dated 1.3.2016, published dated 1.3.2016.]
(3)Claim. - (a) Immediately upon the happening of any accident while in pursuit of his employment resulting in death or loss of limbs or loss of sight, the employer shall send a report to the [Labour Officer (Social Security Scheme) of the respective district] [Substituted for 'Board' by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.] and to the Police in Form VI, within three days of such occurrence of the accident. In any other case, the report of the accident may be sent to the Board either by the injured worker or the nominee of the deceased worker or a representative of a trade union of the employment concerned. The Board shall investigate the accident occurred in the work place either on the report of the accident received from the employer or the injured worker or the nominee of the deceased worker or a representative of a trade union of the employment concerned.
(b)In the case of injury or loss of limbs or loss of eyesight specified in items (b) to (e) of sub-clause (3), the claim shall be made by the registered manual workers concerned, in the event of death of a registered manual workers, the claim shall be made by his nominee in Form VII.
(c)In case of death of a registered manual worker due to accident death certificate and post-mortem certificate issued by an authority who is competent to issue such certificate shall be produced by the claimant. If there is delay for more than thirty days in getting the post-mortem certificate, the certificate given by the Tehsildar in this regard shall be produced.
(d)In case of loss of limbs or loss of eyesight or, partial disablement due to accident, the claimant should produce a medical certificate issued by a medical officer not below the rank of a Civil Assistant Surgeon.
(e)The [Labour Officer (Social Security Scheme) of the respective district] [Substituted for 'Board or any Officer authorised in this behalf' by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.], after due verification, [sanction the compensation in addition to provide artificial limbs or wheel chair to the claimant] [Substituted for 'sanction the compensation to the claimant' vide G.O. Ms. No. 64, dated 1.3.2016, published dated 1.3.2016.].