Partial and Total Disablement under Workmen’s Compensation Act, 1923
Partial Disablement vs. Total Disablement under Workmen’s Compensation
Context:
When a workman suffers an injury during employment, the extent of injury determines the amount of compensation payable by the employer. This is based on whether the injury causes:
Partial Disablement (workman can still work but with reduced capacity), or
Total Disablement (workman is completely unable to work).
1. Total Disablement
Meaning:
Total disablement means the injured workman is rendered completely incapable of performing any kind of work for which he is suited by experience or training.
The workman cannot earn wages at all in any employment due to the injury.
The disablement is not limited to the current job only but applies to all work the person can do.
Effect:
The workman is entitled to full compensation calculated on his wages.
Compensation continues as long as the disablement continues (or until death).
Case Law:
Chandramani Pandey vs. Union of India (1969)
The court held that total disablement refers to complete inability to do any work for livelihood, not just the inability to do the specific job at which the injury occurred. Even if the workman can do lighter or other work, but is unable to do any job earning wages, it is total disablement.
Rajkumar vs. Union of India (1966)
It was observed that the inability to perform any remunerative work, regardless of the nature, constitutes total disablement.
2. Partial Disablement
Meaning:
Partial disablement means the workman is partially incapable of working, but still able to do some kind of work or earn some wages.
The injury reduces the worker’s earning capacity but does not eliminate it completely.
The disablement could be either temporary or permanent but partial.
Effect:
Compensation is calculated proportionately based on the degree of disablement.
If temporary, compensation is paid only for the duration of disablement.
If permanent, compensation is paid based on the percentage of loss of earning capacity.
Case Law:
K.P. Verma vs. Union of India (1969)
The court explained that partial disablement covers situations where the injured worker can still earn but at a reduced rate or in a limited capacity.
Subramaniam vs. Union of India (1956)
It was held that loss of earning capacity, not just physical injury, determines the degree of partial disablement.
Key Points to Differentiate
| Aspect | Total Disablement | Partial Disablement |
|---|---|---|
| Degree of incapacity | Complete inability to work in any capacity | Partial inability; some work or earning possible |
| Compensation basis | Full wages till recovery or death | Proportional to degree of incapacity |
| Duration | Could be permanent or temporary but total | Could be temporary or permanent |
| Nature of work | Cannot perform any work at all | Can perform some work or lighter duties |
Summary:
Total Disablement means complete loss of earning capacity.
Partial Disablement means partial loss of earning capacity.
Compensation depends on the nature and degree of disablement.
The courts focus on loss of earning capacity, not merely the physical injury.
Case law clarifies that inability to perform any remunerative work means total disablement.
RELATED Blog
0 comments