DISABLEMENT of Employees

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Disablement of Employees

The Act doesn’t define the Disablement of employees completely. It only defines the partial and total disablement. Therefore, after reading the partial or total disablement as defined under the Act one may presume that disablement is a loss of earning capacity by an injury. Which depending upon the nature of injury and percentage of loss of earning capacity will be partial or total. Hence, the Act has classified disablement into two categories, viz. (i) Partial disablement, and (ii) Total Disablement.

Partial disablement:

This can be defined as temporary partial disablement and permanent partial disablement.

• The situation where the disablement is temporary in nature. Thus, the earning capacity reduces of an employee with such disablement. In the type of employment in which he was into at the time of the accident resultant to disablement; and
• The permanent nature of the disablement. Therefore, the earning capacity of the employee reduces with such disablement in every employee. Which he was capable of undertaking at the time

Total disablement:

This can also be classified as temporary total disablement and permanent total disablement.

The total disablement means, such disablement which incapacitates an employee whether of a temporary or permanent nature. For the capability, he had for the work he was performing, at the time of the accident. Providing further- that permanent total disablement shall be deemed to result from every injury specified in Part I of Schedule. Also, similarly total disablement shall result from any combination of injuries specified in Part II of Schedule I. Also, where the aggregate percentage of loss of earning capacity, as specified in the said Part II, against these injuries amount to one hundred percent or more.

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