What is Partial Disablement?
Partial disablement refers to a condition where a worker suffers a physical injury or impairment that reduces their capacity to work partially but not entirely. The individual is not completely incapable of working, but their earning capacity is diminished, either in the employment they were engaged in at the time of the accident or in similar types of work.
It is a legally recognized form of occupational injury and entitles the employee to compensation under Indian labour laws.
Legal Basis in India
The concept of partial disablement is primarily governed by the:
- Employees’ Compensation Act, 1923 (formerly the Workmen’s Compensation Act)
- Factories Act, 1948 (to some extent)
- Employees’ State Insurance Act, 1948 (ESI Act) – for temporary disablement benefits
Types of Partial Disablement
Partial disablement can be classified into two types:
1. Temporary Partial Disablement
- The loss or reduction of earning capacity is temporary.
- The worker may recover after treatment and rehabilitation.
- Example: A worker fractures a finger and is unable to use machinery temporarily.
2. Permanent Partial Disablement
- The loss or reduction of earning capacity is permanent, but not total.
- The worker can still do some work, but not as effectively or in the same role as before.
- Example: Amputation of a toe, partial loss of eyesight, or hearing loss in one ear.
Determining Factors
Medical authorities assess the degree of disablement and loss of earning capacity.
- Medical practitioners (through disability certificates or medical boards)
- Schedule I (Part II) of the Employees’ Compensation Act lists various injuries with corresponding percentages of loss of earning capacity.
- The Commissioner for Employee’s Compensation is the final authority to determine compensation amounts.
Examples of Partial Disablement (as per Schedule I)
| Injury | Percentage Loss of Earning Capacity |
|---|---|
| Loss of one eye | 40% |
| Loss of thumb | 30% |
| Amputation of one leg below knee | 50% |
| Loss of four fingers | 50% |
Authorities apply these percentages to calculate compensation.
Compensation for Partial Disablement
Under the Employees’ Compensation Act:
- Permanent PD: Compensation is calculated based on the percentage of loss of earning capacity, the worker’s monthly wage, and a fixed factor based on age. Formula: Compensation = 60% of monthly wages × relevant factor × % of disability
- Temporary PD: The worker may receive half-monthly payments during the recovery period, as determined by the medical practitioner and the Commissioner.
Employer’s Responsibility
The law legally binds the employer to:
- Arrange for medical examination and treatment
- Pay compensation within one month
- Report accidents to the labour commissioner
- Face penalties for non-payment or delays
Key Differences: Partial vs. Total Disablement
| Criteria | Partial Disablement | Total Disablement |
|---|---|---|
| Work Capacity | Partially reduced | Completely lost |
| Compensation | Proportional to disability | Maximum payable amount |
| Return to Work | Possible (in some form) | Not possible |
| Examples | Loss of finger, eye, etc. | Loss of both legs, hands, etc. |
Real-World Example
A factory worker loses two fingers in a machine accident. He can still work, but struggles with tasks that require grip or dexterity. After medical assessment, the doctor certifies 40% permanent disablement. The employer must then pay compensation accordingly under the Act.
