Workmen compensation act 1923: This Act provides for the payment of compensation to workmen for injuries sustained by them by accident, arising out of and in the course of employment. If a workman is killed, his dependents will be entitled to compensation for his death.
Under the Workmen compensation act 1923, if a workman contracts any disease specified therein as an occupational disease peculiar to that employment (anthrax, primary cancer of the skin, pathological manifestations due to X-rays, radium, etc., pneumoconiosis, poisoning by lead, phosphorus, mercury, arsenic) etc., it is deemed to be an injury by accident for purpose of compensation. The amount of compensation depends upon whether the injury has caused death, permanent total disablement, or permanent partial disablement.
Legally, disability is physical defect or impairment and the resulting actual or potential deterioration of social or economic status. Disability amounts to inability or incapacity to meet established standards of efficiency and social, occupational, or economic responsibility.
Any reasonable medical sequence that connects a disability or death with an event at work is legally adequate grounds for awarding compensation. The employer will not be liable to pay compensation in respect of any injury which does not result in death or permanent total disablement, caused by an accident if the workman at the time of sustaining injury was under the influence of drink or drugs, or willfully disregarded or removed any safety guard or other device provided for the safety.
The workman is obliged to get himself examined by a qualified medical practitioner free of charge, either on the request of the employer or as directed by the Commissioner, under the Workmen compensation act 1923.
In all industrial diseases and injuries, medical evidence will be necessary. As such, it is important for a doctor to keep complete records of any injury sustained by an employee during the course of employment.
It should be determined whether or not there is any causal relationship between an accident or injury and a death and of acceleration or aggravation of a pre-existing natural disease process.
He should diagnose and evaluate the presence and extent of occupational disease. The medical certificate required to be issued in all these cases should be conscientious, accurate and without any favour under the Workmen compensation act 1923.