CS Executive Industrial & Labour Law Disablement
What does disablement mean?
The term disablement has not been defined under the Act but in general sense, the term Disablement is the state of being a disabled or the experience of becoming disabled. It is the state being dependent on the other person for your own tasks. The term disability can be referred to as impairment to the individual functionality and that can be a physical impairment, sensory impairment, chronic disease, mental illness or in any other form. There may be effects on body parts or on the acts of person’s participation in life.
The disablement can be of many types and the worker’s health status defines the level of disability. It can either be Partial Disability or Total Disability. The Act has defined both the terms. By reading and understanding both the terms, the disablement can be defined as the act of losing the wage-earning capacity and depending on the nature or percentage of injury it can be bifurcated as total or partial disablement.
The proper explanation on the Disablement is available for CS Preparation in Online classes for CS Executive.
Partial Disablement: –
Partial disablement can be further classified into Temporary Partial Disablement or Permanent Partial Disablement.
Temporary Partial Disablement: Where the disablement is of temporary nature. The wage-earning capacity of a person/employee is lost only partially and on a temporary basis. The wage-earning capacity reduces only at the place of employment where the employee is working at the time accident.
Permanent Partial Disablement: Where the disablement is of permanent nature. The wage-earning capacity of a person/employee is lost permanently. In this case, the wage-earning capacity of the employee is not only in the employment in which he was working at the time of the accident but also in all other employment.
Schedule I of the Act has specified the list of injuries that are deemed to result in Total / Partial Disablement.
Whether the disablement is partial or temporary will depends on the facts of each and every case, except when the injury is specifically included in Part II of Schedule I.
Total Disablement: –
Total disablement means which incapacitates an employee for all the work which he was capable of doing or performing at the time of accident resulting in such disablement. Total disablement can be further classified into Temporary Total Disablement or Permanent Total Disablement.
Temporary Total Disablement: Where the wage-earning capacity of the injured employee is lost totally but on a temporary basis.
Permanent Total Disablement: Where the wage-earning capacity of the injured employee is lost totally but on a permanent basis.
Part I of Schedule I of the Act has specified the list of injuries that are deemed to result in Permanent Total Disablement.
Whereas Part II of Schedule I has specified the list of injuries that are deemed to result in Temporary Total Disablement.
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