Reduction to Workers' Compensation

(1) This Act may be called the Workmen's Compensation Act 1923. 2*[(2) It extends to the whole of India 3* (3) It shall come into force on the first day of July, 1924. 2. Definitions. 2. Definitions.- (1) In this Act, unless there is anything repugnant in the subject or context,-- 4* (b) "Commissioner" means a Commissioner for Workmen's Compensation appointed under section 20; (c) "compensation" means compensation as provided for by this Act; 5*[(d) "dependant" means any of the following relatives of a deceased workman, namely:-- (i) a widow, a minor legitimate son, and unmarried legitimate daughter, or a widowed mother; and (ii) if wholly dependent on the earnings of the workman at the time of his death, a son or a daughter who has attained the age of 18 years and who is infirm.





Workers' compensations paid under a law or plan enacted by an Indian and U.S Tribal administration government and Workers' compensation payments made by the employer to employee.

How is the reduction amount computed?



The reduction is determined the first month you receive both w.c. disability benefits and workers' compensation benefits. The reduction amount is computed using the higher of the following two amounts (the higher amount is known as the “applicable limit”):



80% of your “average current earnings” before your disability began (the “average current earnings” is derived by using your highest year(s) of earnings.



The total amount of security insurance benefits you and your family receive (known as the “total family benefit”) in the 1st month you also receive workers' compensation or public disability benefits.



Security Disability benefits are reduced when the total of your monthly workers' compensation benefit plus any public disability benefit you receive exceeds the “applicable limit”.

Cost of living increases plus changes in the amount of workers' compensation benefits change your Security benefits payable?



The amount of Security benefits payable to you and your family can go up or down based on increases or decreases in your workers' compensation benefits.



In addition, the amount of the reduction can be adjusted to take into account increases in the cost of living. In no event does a cost of living adjustment decrease the total amount of benefits payable on your earnings record.

How are lump-sum payments considered when computing the amount of offset?



Sometimes a workers' compensation law, or central law, plan permits a lump-sum settlement. The lump-sum settlement can be in the form of a commutation or compromise agreement and releases the insurance company or the employer from liability. Such a settlement is a substitute for periodic payments and is subject to the offset. In this situation, the lump-sum is prorated to reflect the monthly rate that would have been paid had the lump-sum award not been made. Medical and legal expenses incurred by the worker in connection with the workers' compensation benefit claim may be excluded from computing the offset. (A check representing past due periodic payments which simply brings payments up to date is not considered a lump-sum settlement when we calculate offset.).

LIST OF OCCUPATIONAL DISEASES

1. Infectious and parasitic dis- (a) All work involving exposure eases contracted in an occu- to health or laboratory work; pation where there is a parti- cular risk of contamination. (b) All work involving exposure to veterinary work; (c) Work relating to handling animals, animal carcasses, part of such carcasses, or merchandise which may have been contaminated by animals or animal carcasses; (d) Other work carrying a parti- cular risk of contamination. 2. Diseases caused by work in All work involving exposure to compressed air. the risk concerned. 3. Diseases caused by lead or its All work involving exposure to toxic compounds. the risk concerned. 4. Poisoning by nitrous fumes. All work involving exposure to the risk concerned. 5. Poisoning by organo phospho- All work involving exposure to rus compounds. the risk concerned. PART B 1. Diseases caused by phosphorus All work involving exposure to or its toxic compounds. the risk concerned. 2. Diseases caused by mercury or All work involving exposure to its toxic compounds. the risk concerned. 3. Diseases caused by benzene or All work involving exposure to its toxic homologues. the risk concerned. 4. Diseases caused by nitro and All work involving exposure to amido toxic derivatives of the risk concerned. benzene or its homologues. 5. Diseases caused by chromium All work involving exposure to or its toxic compounds. the risk concerned. 6. Diseases caused by arsenic or All work involving exposure to its toxic compounds. the risk concerned. 7. Diseases caused by radioactive All work involving exposure to substances and ionising radia- the action of radioactive sub- tions. stances or ionising radiations. 8. Primary epitheliomatous can- All work involving exposure to cer of the skin caused by tar, the risk concerned. pitch, bitumen, mineral oil, anthracene, or the compounds, products or residues of these substances. 9. Diseases caused by the toxic All work involving exposure to halogen derivatives of hydro- the risk concerned. carbons (of the aliphatic andaromatic series). 10. Diseases caused by carbon All work involving exposure to disulphide. the risk concerned. 11. Occupational cataract due to All work involving exposure to infra-red radiations. the risk concerned. 12. Diseases caused by manganese All work involving exposure to or its toxic compounds. the risk concerned. 13. Skin diseases caused by physi- All work involving exposure to cal, chemical or biological the risk concerned. agents not included in other items. 14. Hearing impairment caused All work involving exposure to by noise. the risk concerned. 15. Poisoning by dinitrophenol or All work involving exposure to a homologue or by substitut- the risk concerned. ed dinitrophenol or by the salts of such substances. 16. Diseases caused by beryllium All work involving exposure to or its toxic compounds. the risk concerned. 17. Diseases caused by cadmium All work involving exposure to or its toxic compounds. the risk concerned. 18. Occupational asthma caused All work involving exposure to by recognised sensitising the risk concerned. agents inherent to the work process. 19. Diseases caused by fluorine or All work involving exposure to its toxic compounds. the risk concerned. 20. Diseases caused by nitrogly- All work involving exposure to cerine or other nitroacid the risk concerned. esters. 21. Diseases caused by alcohols All work involving exposure to and ketones. the risk concerned. 22. Diseases caused by asphy- All work involving exposure to xiants: carbon monoxide, and the risk concerned. its toxic derivatives, hydrogen sulfide. 23. Lung cancer and mesothelio- All work involving exposure to mas caused by asbestos. the risk concerned. 24. Primary neoplasm of the epi- All work involving exposure to thelial lining of the urinary the risk concerned.

Attached Files

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