1.PERSONAL INJURY<\/strong><\/p>\n\n\n\nIt refers to harm or damage caused to the health of a\nworkman by an accident, disease or otherwise. A personal injury does not\ninclude only physical or bodily injury, but also includes the psychological\ninjury. It is not necessary that injury must be external in nature. Any harm or\ndamage inside the body is also an injury.<\/p>\n\n\n\n
If a workman is doing a job which requires a lot of effort\nor energy and receives injury to his heart by such working, he is entitled to\ncompensation as it is a personal injury.<\/p>\n\n\n\n
CASE: INDIAN NEWS CHRONICLE LTD. MRS. LAZARUS<\/strong><\/p>\n\n\n\nA workman, in the course of his duties, had frequently to go\ninto a heating room and from there into a cooling room. One night he went into\nthe cooling room, he got pneumonia because of which he died. Held, the death\nwas due to personal injury.<\/p>\n\n\n\n
2.ACCIDENT<\/strong><\/p>\n\n\n\nAccident means unintended or unforeseen happening which\ncauses hurt or loss.<\/p>\n\n\n\n
In other words, an event is deemed to be an accident, if it\nis unexpected or undersigned, although it may be due to negligence on the part\nof the concerned workman.<\/p>\n\n\n\n
Accident includes the mishappenings like:<\/p>\n\n\n\n
- Collissions<\/li>
- Fall from roof<\/li>
- Internal accidents like heart failure<\/li>
- Sunstroke etc.<\/li><\/ul>\n\n\n\n
EXAMPLE:<\/strong> If in the course of performing his duties, the eyes of a workman are expressed to the glare of the furnace, and on every occasion they are stuck by ultra-violet rays and absorb the same. This leads to impairment of his vision in small degrees and ultimately leads to his blindness. Held that the series of small accidents together constitute an accident causing injury to the person or a workman.<\/p>\n\n\n\nThere are mainly three cases:<\/p>\n\n\n\n
Accident arising out of and in the course of employment:<\/em><\/strong> A workmen is given compensation for personal injury only if it arises out of and in the course of employment. The term \u2018arising out of and in the course of the employment\u2019 has not been defined by the Workmen Compensation Act, 1923. The accidents held to be out of and in course of employment are:<\/p>\n\n\n\n- Transit facility provided by the employer for\ngoing to and the place of the work.<\/li>
- The time during which the workman is upon the\nemployer, even though he may not be actually working at that time.<\/li>
- The period of rest during the period of\nemployment.<\/li>
- If workman reaches the place of the employment\nbefore time to equip himself for the work. <\/li><\/ul>\n\n\n\n
Accident arising out of employment: <\/em><\/strong>\u2018Arising out of employment\u2019 means the work which the employee is employed to do. This expression means that the personal injury must have resulted from the nature of his employment i.e. from the duties he has to discharge.<\/p>\n\n\n\n- In order to prove than an accident \u2018arise out of\nemployment\u2019 following conditions must be satisfied:<\/li>
- The accident must have resulted from some risk\nincidental to the duties of the service.<\/li>
- At the time of accident, the worker must have\nbeen engaged in the business of the employer and must not be doing something\nfor his own benefit.<\/li><\/ul>\n\n\n\n
In the course of Employment: <\/em><\/strong> The expression \u2018In the course of employment\u2019 refers to the time period during which the employment continues. It is the time which a workman spends in carrying out his duties according to the terms of his contract of service. It also includes the duties attached to the employment.<\/p>\n\n\n\nIn other words, it includes not only the period when he is\ndoing the work actually allotted to him but also the time when he is at a\nplace.<\/p>\n\n\n\n
3.OCCUPATIONAL DISEASE<\/strong><\/p>\n\n\n\nAny disease which is inherent to the nature of employment\nand the workers employed there earn the risk of contracting such disease is\nknown as occupational disease.<\/p>\n\n\n\n
EXAMPLE<\/strong><\/p>\n\n\n\n- A person engaged in an employment involving\nexposure to dust containing silica is liable to contract silicosis.<\/li>
- Telegraph operators are liable to contract a\ndisease named Telegraphist\u2019s Cramp.<\/li><\/ol>\n\n\n\n
An employer is liable to pay compensation to a workman when\nhe contracts a disease as included in Part A, B and C of Schedule III as under:<\/p>\n\n\n\n
PART A:<\/em><\/strong> An employer is liable to pay compensation to a workman when he contracts disease. It contains the occupational diseases like:<\/p>\n\n\n\n- Parasitic diseases<\/li>
- Diseases caused by work in compressed air.<\/li>
- Diseases caused by lead or its toxic compounds.<\/li>
- Poisoning by nitrous fumes.<\/li>
- Poisoning by organ phosphorous compounds.<\/li><\/ul>\n\n\n\n
PART B:<\/em><\/strong> An employer is liable to pay compensation for any disease included in this part of the schedule provided a workman is in continuous service for a period of 6 months. It includes the diseases such as:<\/p>\n\n\n\n- Diseases caused by phosphorous or its toxic\ncompounds.<\/li>
- Disease caused by mercury or its toxic\ncompounds.<\/li>
- Disease caused by benzene or its toxic\ncompounds.<\/li>
- Diseases caused by radioactive substances.<\/li>
- Disease caused by chromium and its toxic\ncompounds.<\/li>
- Disease caused by arsenic or its toxic\ncompounds.<\/li><\/ul>\n\n\n\n
PART C:<\/em><\/strong> A workmen is entitled to compensation if he has been in service of one or more employers for such continuous period as the Central Government may specify. It includes the diseases such as:<\/p>\n\n\n\n- Allergy caused by inhalation of organic dusts.<\/li>
- Acute pulmonary oedema of high altitude.<\/li>
- Bronchopulmonary disease caused by hard metals.<\/li><\/ul>\n\n\n\n