Contents

• Introduction
• An overview of the Act
• Relation with the Occupational Safety and Health Act, 1984
• Conclusion

Description

The common law system gives great precedential weight to the principle that it is unfair to treat similarly placed persons differently. The body of precedent has a binding effect on future decisions. It is a system where law is developed through years of judicial pronouncements and the legal principles can be culled out through them rather than through legislations. One of the most important characteristics of common law is that it can be revised to adapt to the changing social needs and environment. The principles laid down in earlier decisions can be modified in future decisions so as to be in conformity with the present trends. In the light of the above we must have a look at the Workers’ Compensation and Injury Management Act, 1981 (‘Act’) which, apart from the claim procedure laid down therein, contains some provisions of common law which has a material bearing on the functionality of the Act and its efficacy. Part IV of the Act incorporates provisions congruous to those of common law.