Saturday, September 18, 2010

DISABLEMENT

Disablement is something that reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in the disablement,where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time.

Workmen's Compensation Act, 1923


2. DEFINITIONS. - (1) (g) "partial disablement" means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in the disablement, and, where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time :
Provided that every injury specified in Part II of Schedule I shall be deemed to result in permanent partial disablement;

2. DEFINITIONS. - (1) (l) "total disablement" means such disablement, whether of a temporary or permanent nature, as incapacitates a workman 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 Schedule I 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 or more;


SCHEDULE I
[See sections 2(1) and (4)]


PART I = LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL DISABLEMENT

1 Loss of both hands or amputation at higher sites Percentage of loss of earning capacity = 100

2 Loss of a hand and foot Percentage of loss of earning capacity = 100

3 Double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot Percentage of loss of earning capacity = 100

4 Loss of sight to such an extent as to render the claimant unable to perform any work for which eye sight is essential Percentage of loss of earning capacity = 100

5 Very severe facial disfigurement Percentage of loss of earning capacity = 100

6 Absolute deafness Percentage of loss of earning capacity = not mentioned but to be taken as 100 as it is in permanent disablement list


PART II = LIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL DISABLEMENT

Amputation Cases - Upper limbs - Either arm

1 Amputation through shoulder joint
Percentage of loss of earning capacity = 90

2 Amputation below shoulder with stump less than 20.32 cms. from tip of acromion
Percentage of loss of earning capacity = 80

3 Amputation from 20.32 cms. from tip of acromion to less than 4" below tip of olecranon
Percentage of loss of earning capacity = 70

4 Loss of a hand or of the thumb and four fingers of one hand or amputation from 11.43 cms. below tip of olecranon
Percentage of loss of earning capacity = 60

5 Loss of thumb
Percentage of loss of earning capacity = 30

6 Loss of thumb and its metacarpal bone
Percentage of loss of earning capacity = 40

7 Loss of four fingers of one hand
Percentage of loss of earning capacity = 50

8 Loss of three fingers of one hand
Percentage of loss of earning capacity = 30

9 Loss of two fingers of one hand
Percentage of loss of earning capacity = 20

10 Loss of terminal phalanx of thumb
Percentage of loss of earning capacity = 20

Amputation cases - Lower limbs

10A Guillotine amputation of tip of thumb without loss of bone
Percentage of loss of earning capacity = 10

11 Amputation of both feet resulting in end bearing stumps
Percentage of loss of earning capacity = 90

12 Amputation through both feet proximal to the metatarso-phalangeal joint Percentage of loss of earning capacity = 80

13 Loss of all toes of both feet through the metatarso-phalangeal joint
Percentage of loss of earning capacity = 40

14 Loss of all toes of both feet proximal to the proximal inter-phalangeal joint Percentage of loss of earning capacity = 30

15 Loss of all toes of both feet distal to the proximal inter-phalangeal joint
Percentage of loss of earning capacity = 20

16 Amputation at hip
Percentage of loss of earning capacity = 90

17 Amputation below hip with stump not exceeding 12.70 cms. in length measured from tip of great trenchanter but not beyond middle thigh
Percentage of loss of earning capacity = 80

18 Amputation below hip with stump exceeding 12.70 cms. in length measured from tip of great trenchanter but not beyond middle thigh
Percentage of loss of earning capacity = 70

19 Amputation below middle thigh to 8.89 cms. below knee
Percentage of loss of earning capacity = 60

20 Amputation below knee with stump exceeding 8.89 cms. but not exceeding 12.70 cms.
Percentage of loss of earning capacity = 50

21 Amputation below knee with stump exceeding 12.70 cms.
Percentage of loss of earning capacity = 50

22 Amputation of one foot resulting in end bearing
Percentage of loss of earning capacity = 50

23 Amputation through on foot proximal to the metatarso-phalangeal joint
Percentage of loss of earning capacity = 50

24 Loss of all toes of one foot through the metatarso-phalangeal joint
Percentage of loss of earning capacity = 20

Other injuries
25 Loss of one eye, without complications, the other being normal
Percentage of loss of earning capacity = 40

26 Loss of vision of one eye, without complications or disfigurement of eyeball, the other being normal
Percentage of loss of earning capacity = 30

26A Loss of partial vision of one eye
Percentage of loss of earning capacity = 10

Loss of -

A - Fingers of right or left hand

Index finger

27 Whole
Percentage of loss of earning capacity = 14

28 Two phalanges
Percentage of loss of earning capacity = 11
29 One phalanx
Percentage of loss of earning capacity = 9
30 Guillotine amputation of time without loss of bone
Percentage of loss of earning capacity = 5

Middle finger

31 Whole
Percentage of loss of earning capacity = 12

32 Two phalanges
Percentage of loss of earning capacity = 9

33 One Phalanx
Percentage of loss of earning capacity = 7

34 Guillotine amputation of tip without loss of bone
Percentage of loss of earning capacity = 4

Ring or little finger

35 Whole
Percentage of loss of earning capacity = 7

36 Two phalanges
Percentage of loss of earning capacity = 6

37 One Phalanx
Percentage of loss of earning capacity = 5

38 Guillotine amputation of tip without loss of bone
Percentage of loss of earning capacity = 2

B - Toes of right or left foot

Great toe

39 Through metatarso-phalangeal joint
Percentage of loss of earning capacity = 14

40 Part, with some loss of bone
Percentage of loss of earning capacity = 3

Any other toe

41 Through metatarso-phalangeal joint
Percentage of loss of earning capacity = 3

42 Part with some loss of bone
Percentage of loss of earning capacity = 1

Two toes of one foot, excluding great toe
43 Through metatarso-phalangeal joint
Percentage of loss of earning capacity = 5

44 Part, with some loss of bone
Percentage of loss of earning capacity = 2

Three toes of one foot, excluding great toe
45 Through metatarso-phalangeal joint
Percentage of loss of earning capacity = 6

46 Part, with some loss of bone
Percentage of loss of earning capacity = 3

Four toes of one foot, excluding great toe

47 Through metatarso-phalangeal joint
Percentage of loss of earning capacity = 9

48 Part-with some loss of bone
Percentage of loss of earning capacity = 3

Note - Complete and permanent loss of the use of any limb or member referred to in this Schedule shall be deemed to be equivalent to the loss of that limb or member.

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