Disablement : Classification of Disablement | Labor Law

Meaning Disablement - 

         The expression "disablement" means loss of capacity to work or to move. Disablement which reduces the earning capacity of an employee. Injury caused to an employee by an accident resulting in the loss of earning capacity is technically called disablement. In other words, a person is incapacitated to work or to move as a consequence of an accident.

Classification of Disablement 

        Disablement classified into - i) Total and ii) Partial can further be classified as - (a)Temporary and (b) Permanent. Disablement, whether permanent or temporary is said to be total when it capacitates an employee for all work he was capable of doing at the time of the accident resulting in such disablement.

(A) Temporary disablement

                Temporary disablement means disablement in doing normal work lasts (continuous) for a temporary period. Temporary disablement is subdivided into following two heads

    (i) Temporary total disablement

                  Temporary total disablement incapacitates a workman to do every work, which he could do. It lasts for the temporary period.

    (ii) Temporary partial disablement

                   Temporary partial disablement reduces the earning capacity of the workmen in doing every work which he could do well before the accident. It lasts for a temporary period.

(B) Permanent disablement:

                Permanent disablement means disablement arising out of the accident. It lasts forever, for example, permanent in nature. It is sub-divided under the following two heads -

    (i) Permanent total disablement -

    
                If employee as a result of an accident suffers from injury specified in part I of  Schedule I (The Workmen's Compensation  Act,1923) or suffer from such a combination of injuries specified in part 2 Schedule I as would bring the loss of earning capacity when totalled to 100% or more such an injury is said to be permanent total disablement. To determine whether the injury is permanent or temporary the total effect of injury on the employment opportunities of the employee concerned is the deciding Criterion.

           In simple words, The accident in capacities loss of 100% earning capacity forever for example permanent in nature. Injuries are listed in Part II of the schedule I reduce 100% earning incapacity forever. for example loss of both hands; 100%; Loss of one hand and one foot, Disfigurement absolute deepness etc

   (ii) Permanent partial disablement -

                 Permanent partial disablement reduces earning capacity in every work, which he could do well. It is permanent in nature every injury specified in part II Schedule I is Deemed to be permanent partial disablement. (Part-I, Schedule-I contains 48 Injuries, for example, loss of thumb 30% loss of 4 fingers of one hand 50% etc.

 Relevant case law:

1) Ball Vs. William Hunt 1912 A.C. 496 -

         In this case, an employee was blind in one eye but they did it was not visible. After sometime he suffered an Employment injury necessitating the removal of the eyeball of the injured eye, consequently, as a result of this visible defect he could not get employment although he was physically capable of doing any job which he could do before the accident. It was held that incapacity for work includes 'liability to work'.

See also...

Court of Inquiry: Function, Duties of Court of Inquiry

Bonus: Meaning, Definition and Kinds of Bonus

Eligibility and Disqualifications for Bonus