The Fourth Schedule · Social Security Code

Injuries Deemed to Cause Permanent Disablement

This Schedule lists injuries that the Code treats as causing permanent disablement, with a fixed percentage loss of earning capacity for each. Part I lists six injuries rated at 100% (permanent total disablement); Part II lists 50 injuries rated from 90% (for example, amputation through the shoulder joint) down to 1% for losing part of a toe other than the great toe. Under sections 2(55) and 2(56) these injuries are 'deemed' to cause disablement, and Part II injuries that add up to 100% count as total disablement. Under section 76(1), compensation for a Part II injury is that percentage of what permanent total disablement would pay, and a medical practitioner assessing an unlisted injury must have regard to these figures.

1 section ~1 min read Official text, PDF p. 108

HR managersFactory ownersSafety officersInjured workers and their families

Key points

1Part I lists six injuries treated as permanent total disablement at 100% loss of earning capacity: loss of both hands (or amputation higher up), loss of a hand and a foot, amputation through both legs or thighs (or through one and loss of the other foot), sight loss that rules out any work needing eyesight, very severe facial disfigurement, and absolute deafness. §schedule
2Part II gives a fixed percentage for 50 partial-disablement injuries, from 90% for amputation through the shoulder joint, at the hip, or of both feet with end-bearing stumps, down to 1% for losing part of a toe other than the great toe. §schedule
3Arm and leg amputations are graded by how high the cut is, measured in centimetres from fixed points on the body (the tip of the shoulder, the tip of the elbow, the bony knob at the top of the thigh bone, and the knee), so the exact level of amputation decides the percentage. §schedule
4Each finger is rated separately: the whole index finger is 14%, the middle finger 12%, and the ring or little finger 7%, with lower figures for losing two bone segments, one segment, or only the tip. §schedule
5Eye injuries are rated at 40% for loss of one eye and 30% for loss of vision in one eye without disfigurement of the eyeball (both where there are no complications and the other eye is normal), and 10% for partial loss of vision in one eye. §schedule
6Several Part II injuries can add up: under section 2(56), any combination of Part II injuries whose percentages total 100% is deemed permanent total disablement. Where one accident causes more than one injury, section 76(1) adds the compensation together but caps it at the amount for permanent total disablement. §schedule
7The percentages drive the compensation sum: for a listed Part II injury, section 76(1) pays that percentage of the permanent total disablement amount. For an injury not in the Schedule, a medical practitioner assesses the loss of earning capacity, keeping these figures in view. §schedule
8The Schedule's heading links it to sections 2(55), 2(56), 76(1) and 152(1): the definitions of permanent partial and total disablement, the amount of compensation, and the Central Government's power to add or delete entries in the Schedule by notification. §schedule

At a glance

100%Every Part I injury (permanent total disablement)Section schedule 90%Amputation through shoulder jointSection schedule 60%Loss of a hand, or thumb and four fingers of one handSection schedule 40%Loss of one eye, without complications, other eye normalSection schedule 30%Loss of thumbSection schedule 14%Loss of whole index fingerSection schedule

Earlier law:Employee's Compensation Act, 1923

THE FOURTH SCHEDULE

In plain words

Lists the injuries deemed to cause permanent total disablement (Part I, all at 100%) and permanent partial disablement (Part II, 50 injuries from 90% down to 1%), with the percentage loss of earning capacity fixed for each. Part II injuries that together add up to 100% are also treated as permanent total disablement.

[See sections 2(55), (56), 76(1) and 152(1)]

PART I

LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL DISABLEMENT

Serial No.	Description of Injury	Percentage of loss of earning capacity
(1)	(2)	(3)
1.	Loss of both hands or amputation at higher sites	100
2.	Loss of a hand and a foot	100
3.	Double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot	100
4.	Loss of sight to such an extent as to render the claimant unable to perform any work for which eye-sight is essential	100
5.	Very severe facial disfigurement	100
6.	Absolute deafness	100

PART II

LIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL DISABLEMENT

Serial No.	Description of Injury	Percentage of loss of earning capacity
(1)	(2)	(3)
1.	Amputation through shoulder joint	90
2.	Amputation below shoulder with stump less than [20.32 Cms.] from tip of acromion	80
3.	Amputation form [20.32 Cms.] from tip of acromion to less than [11.43 Cms.] below tip of olecranon	70
4.	Loss of a hand or of the thumb and four fingers of one hand or amputation from [11.43 Cms.] below tip of olecranon	60
5.	Loss of thumb	30
6.	Loss of thumb and its metacarpal bone	40
7.	Loss of four fingers of one hand	50
8.	Loss of three fingers of one hand	30
9.	Loss of two fingers of one hand	20
10.	Loss of terminal phalanx of thumb	20
11.	Guillotine amputation of tip of thumb without loss of bone	10
	Amputation cases-lower limbs
12.	Amputation of both feet resulting in end bearing stumps	90
13.	Amputation through both feet proximal to the metatarso-phalangeal joint	80
14.	Loss of all toes of both feet through the metatarso-phalangeal joint	40
15.	Loss of all toes of both feet proximal to the proximal inter-phalangeal joint	30
16.	Loss of all toes of both feet distal to the proximal inter-phalangeal joint	20
17.	Amputation at hip	90
18.	Amputation below hip with stump not exceeding [12.70 Cms.] in length measured from tip of great trenchanter	80
19.	Amputation below hip with stump exceeding [12.70 Cms.] in length measured from tip of great trenchanter but not beyond middle thigh	70
20.	Amputation below middle thigh to [8.89 Cms.] below knee	60
21.	Amputation below knee with stump exceeding [8.89 Cms.] but not exceeding [12.70 Cms.]	50
22.	Amputation below knee with stump exceeding [12.70 Cms.]	50
23.	Amputation of one foot resulting in end bearing	50
24.	Amputation through one foot proximal to the metatarso-phalangeal joint	50
25.	Loss of all toes of one foot through the metatarso-phalangeal joint	20
	Other injuries
26.	Loss of one eye, without complications, the other being normal	40
27.	Loss of vision of one eye, without complications or disfigurement of eye-ball, the other being normal	30
28.	Loss of partial vision of one eye	10
	Loss of—
	A-Fingers of right or left hand
	Index finger
29.	Whole	14
30.	Two phalanges	11
31.	One phalanx	9
32.	Guillotine amputation of tip without loss of bone	5
	Middle finger
33.	Whole	12
34.	Two phalanges	9
35.	One phalanx	7
36.	Guillotine amputation of tip without loss of bone	4
	Ring or little finger
37.	Whole	7
38.	Two phalanges	6
39.	One phalanx	5
40.	Guillotine amputation of tip without loss of bone	2
	B-Toes of right or left foot
	Great toe
41.	Through metatarso-phalangeal joint	14
42.	Part, with some loss of bone	3
	Any other toe
43.	Through metatarso-phalangeal joint	3
44.	Part, with some loss of bone	1
	Two toes of one foot, excluding great toe
45.	Through metatarso-phalangeal joint	5
46.	Part, with some loss of bone	2
	Three toes of one foot, excluding great toe
47.	Through metatarso-phalangeal joint	6
48.	Part, with some loss of bone	3
	Four toes of one foot, excluding great toe
49.	Through metatarso-phalangeal joint	9
50.	Part, with some loss of bone	3

Source: The Code on Social Security, 2020, official gazette copy, page 108

In plain words

For employers

The percentage turns on fine detail: which finger, how many bone segments, which joint, and stump length in centimetres. Accident and medical records that note these precisely make it easier to match an injury to the right entry.

Did you know?

Very severe facial disfigurement and absolute deafness are each rated at 100% loss of earning capacity, the same as losing both hands.

Did you know?

Losing a thumb (30%) is rated the same as losing three fingers of one hand. If the thumb's metacarpal bone in the palm goes with it, the figure rises to 40%.

Did you know?

Losing the whole great toe at the joint where it meets the foot is rated at 14%, the same as losing the whole index finger.

Did you know?

Fingers of the right and left hand carry the same percentages, so the Schedule gives no extra weight to the hand a worker writes or works with.

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