Study on law hills : 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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Study on law hills

Tuesday, 17 June 2025

Difference Between Partial Disablement and Total Disablement

Difference Between Partial Disablement and Total Disablement

Difference Between Partial Disablement and Total Disablement

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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.