Total Disablement refers to a condition arising from a personal injury caused to an employee due to an accident arising out of and in the course of employment, which results in the complete inability of the employee to work and earn wages that he/she was capable of earning before the accident. The Employees’ Compensation Act covers it.
Definition under Law
As per Section 2(1)(l) of the Employees’ Compensation Act, 1923, “Total Disablement” means such disablement, whether temporary or permanent, as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement.
There are two types of Total Disablement:
- Temporary Total Disablement (TTD) – The employee is completely unable to work for a temporary period.
- Permanent Total Disablement (PTD) – The employee is completely and permanently incapacitated from doing any work that he was capable of doing before the injury.
Examples of Total Disablement
- Loss of both limbs.
- Complete paralysis.
- Total loss of eyesight.
- Severe brain injury affecting normal functioning.
The Act lists such conditions under Schedule I Part I, which prescribes the nature of injuries that result in permanent total disablement.
Compensation Calculation
The amount of compensation payable for PTD is calculated using the formula:
Compensation = 60% of monthly wages × Relevant Factor (based on age)
The Central Government prescribes a minimum compensation amount, which is subject to revision from time to time.
Legal Importance
This provision ensures financial protection to workers and their families in case of life-altering injuries sustained during employment. It reflects the principle of social justice and labour welfare, holding the employer accountable for occupational hazards.
Relevant Case Law
In Pratap Narain Singh Deo v. Srinivas Sabata (1976 AIR 222), the Supreme Court held that the employer is liable to pay compensation when an injury leads to total disablement that prevents the worker from continuing the job he was engaged in before the injury.
Conclusion
TD under Indian labour laws is a critical provision that upholds the right of injured workers to fair compensation. It recognizes that injuries can not only hinder employment but completely destroy a person’s earning capacity. The Employees’ Compensation Act ensures that such individuals are not left without support.
Mnemonic to Remember: “L.I.F.E.”
L – Loss of function
I – Incapacity to work
F – Full wage loss
E – Employer liable for compensation
