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State of Tamilnadu - Section

Section 11 in Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme, 1994

11. [ Personal Accident Relief. [Substituted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]

(1)All registered manual workers when met with an accident are eligible for Personal Accident Relief and where the accident results in death, their nominees are eligible for Personal Accident Relief.Explanation. - For the purpose of this clause, "accident" means any bodily injury [***] or loss of limbs or loss of sight resulting to a registered manual workers solely and directly from accident arising out of and in the course of his employment [or death] [Inserted by G.O. Ms. No. 34, dated 28.02.2011, published dated 01.03.2011.] but does not include any intentional self injury, suicide, attempted suicide, injury caused while under the influence of intoxicating liquor or drugs or caused by insanity or resulting from the commission of any breach of the law, or rules, regulations or instructions applicable, from time to time.
(2)The risk covered by the Personal Accident Relief scheme and the amount of compensation payable shall be as follows:-
(a) Death .. Rs. 1,00,000
(b) Loss or actual physical separation of or totaland irrecoverable loss of use of:-  
  (i) both hands; or  
  (ii) both feet; or .. Rs.1,00,000
  (iii) one hand and one foot; or  
  (iv) total and irrecoverable loss of sight inboth eyes  
(c) Loss or actual physical separation of or totaland irrecoverable loss of use of:-  
  (i) one hand; or-.  
  (ii) one foot; or Rs.50,000
  (iii) total and irrecoverable loss of sight inone eye.  
(d) Permanent total disablement from injuries otherthan  
(e) Permanent partial disablement as specified incolumn (1) of the Table below  
At the rate specified in the corresponding entry in column (2) of the Table below
Nature of disablement Compensation in percentage (to be applied on Rs.1,00,000/-)
(1) (2)
    Percent
1. Loss of toes All 20
  Great both phalanges 5
  Great one phalanx 2
  Other than great, 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 finger 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 Metacarpals    
1st or 2nd (additional) 3
3rd 4th or 5th (additional) 2
12. Any other permanent partial disablement   Percentage as assessed by the Doctor
(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 and to the Police in Form B in Schedule II within three days of such occurrence of the accident. In any other case, the report of the accident may be sent to the Labour Officer (Social Security Scheme) of the respective district either by the injured worker or the nominee of the deceased worker or a representative of a trade union of the employment concerned. The Labour Officer (Social Security Scheme) of the respective district 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.] [Substituted by G.O. Ms. No. 34, dated 28.02.2011, published dated 01.03.2011.]
(b)In case of injury or loss of limbs or loss of eyesight specified in items (b) to (e) of sub-clause (2), the claim shall be made by the registered manual worker concerned and in the event of death of a registered manual worker within the work place, the claim shall be made by the nominee in Form C in Schedule II, in duplicate.
(c)In case of death of a registered manual worker due to accident [***] [Words 'arising out of and in the course of employment' omitted by G.O. Ms. No. 34, dated 28.02.2011, published dated 01.03.2011.] First Information Report, death certificate and post-mortem certificate issued by an authority who is competent to issue such certificate or any other documents called for by the Labour Officer (Social Security Scheme) of the respective district 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 Tahsildar in this regard shall be produced.
(d)In case of loss of limbs or loss of eyesight or partial disablement due to accident arising out of and in the course of employment, the claimant should produce First Information Report, discharge summary, medical certificate, disability certificate with percentage of disability issued by a medical officer not below the rank of a Civil Assistant Surgeon or by a Government Medical Officer who treated the claimant.
(e)The Labour Officer (Social Security Scheme) of the respective district shall, after due verification, sanction the compensation to the claimant.]