Difference Between Partial Disablement and Total Disablement
Difference Between Partial Disablement and Total Disablement
Difference Between Partial Disablement and Total Disablement
Aspect | Partial Disablement | Total Disablement |
Definition | Reduction in earning capacity due to a work-related injury or illness that does not completely incapacitate the worker. | Complete loss of earning capacity due to a work-related injury or illness. |
Types | – Permanent Partial Disablement | – Permanent Total Disablement |
– Temporary Partial Disablement | – Temporary Total Disablement | |
Nature | Worker can still perform some duties. | Worker is unable to perform any work duties. |
Compensation Calculation | Based on the percentage of loss of earning capacity. | Based on a fixed percentage of the worker’s monthly wages. |
– Permanent Partial Disablement: Percentage of total disablement compensation, proportionate to the degree of disability. | – Permanent Total Disablement: Lump sum amount, typically 60% of the worker’s monthly wages, subject to a maximum limit. | |
– Temporary Partial Disablement: Percentage of the worker’s wages during the period of disablement. | – Temporary Total Disablement: Percentage of the worker’s wages during the period of disablement. | |
Examples | – Permanent Partial Disablement: Loss of a limb, partial loss of vision. | – Permanent Total Disablement: Complete paralysis, total loss of eyesight. |
– Temporary Partial Disablement: Temporary limitation in performing certain duties. | – Temporary Total Disablement: Completely bedridden for a period due to severe injury. | |
Legal and Practical Implications | Requires detailed medical evaluation to determine the percentage of disability. | Usually more straightforward; involves substantial compensation amounts. |
Disputes regarding extent of disability and compensation amount can arise. | Prioritised for faster resolution due to severe nature of disability. | |
Claims Process | File a claim with the employer, including details of the injury and disablement. | Similar claims process, but often involves larger sums and potentially more significant disputes. |
Disputes can be referred to the Workmen’s Compensation Commissioner. | Employers must submit a report to the Workmen’s Compensation Commissioner. | |
Practical Examples | – Permanent Partial Disablement: Worker earning Rs. 20,000/month with 30% disability receives Rs. 3,600/month compensation. | – Permanent Total Disablement: Worker earning Rs. 20,000/month receives 60% of wages as lump sum (e.g., Rs. 12,000/month). |
– Temporary Partial Disablement: Worker with 50% reduction in earning capacity for three months receives Rs. 10,000/month. | – Temporary Total Disablement: Worker with 60% of monthly wages for six months receives Rs. 72,000 in total. | |
Rights and Responsibilities | Workers have the right to compensation and medical treatment; employers must provide a safe working environment and report accidents. | Same rights and responsibilities, with emphasis on prompt reporting and compensation for severe cases. |
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