Concept of Disablement under SS Code 2020

Sec 2(28) of SS Code, 2020: “Employment injury” means a personal injury to an employee, caused by accident or an occupational disease, as the case may be, arising out of and in the course of his employment
Disablement
• Disablement means loss of capacity to work or to move, resulting to reduce the earning. (Which he is not able to earn much as he used to earn before the disablement).
• It may be permanent or temporary Partial or Total Disablement.
• Sec 2(55) of SS Code, 2020: “permanent partial disablement” means, where the disablement is of a permanent nature, such disablement as reduces the earning capacity of an employee in every employment which he was capable of undertaking at the time of the accident resulting in the disablement:
Provided that every injury specified in Part II of the Fourth Schedule shall be deemed to result in permanent partial disablement.
• But in case of permanent partial disablement, the disablement results in reduction in his earning capacity is not only the employment in which he was engaged at the time of accident but in every employment. (Eg. Loss of thumb or loss of one eye)
• Sec 2(56) of SS Code, 2020: “permanent total disablement” means such disablement of a permanent nature as incapacitates an employee for all work which he was capable of performing at the time of the accident resulting in such disablement:
Provided that permanent total disablement shall be deemed to result from every injury specified in Part I of the Fourth Schedule or from any combination of injuries specified in Part II thereof where the aggregate percentage of the loss of earning capacity, as specified in the said Part II against those injuries, amounts to one hundred per cent.;
• Sec 2(83) of SS Code, 2020: “temporary disablement” means a condition resulting from an employment injury which requires medical treatment and renders an employee, as a result of such injury, temporarily incapable of doing the work which he was doing prior to or at the time of the injury.
• In case of temporary disablement, the disablement results in reduction of earning capacity in respect of only that employment in which he was engaged at the time of accident. This means the workman’s earning capacity in relation to other employment is not affected.
CASE
General Manager GRP Rly., Bombay v. Shankar (1950)
• A railway servant working on A-1 post lost one eyes and 2 teeth as a result of collusion between 2 engines. He was declared by the medical officer as unfit for A-1 and B jobs but fit for the C-2 job because of his defective vision.
• Class C-2 job was offered to him by the railway administration, but he refused the offer and claimed compensation on the basis of total disablement. It was held that the employee was entitled to compensation not on the basis of total but Partial disablement.
• In this case, there appears only reduction in the earning capacity as an alternative employment was offered to the employee by the employer himself.
Pratap Narain Singh Deo v. Shrinivasa (1976)
A carpenter suffered an injury in the course of his employment which resulted into amputation of his left hand above elbow. He was evidently rendered unfit for the work of an carpenter as the work of carpentry can’t be done by one hand only.
It was held that it is a Total Disablement.
The definition of Total Disablement speaks of incapacity for all work and not incapacity to work. Incapacity for all work resulting in 100% loss of earning capacity. The Act is not concerned with the physical injury. It is concerned only with the effect of such injury caused thereby on the earning capacity of the affected employee
WRITTEN BY
RAGHAV JAGGA

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