Employers Liability For Compensation

in Employer

The workman's compensation Act has abolished the documents of negligence. The employer is entitled to the benefits of the law regardless of doctrine of the negligence section 3, provides the following rules regarding workman's compensation.

Employer Liable: the employer is liable to pay compensation to a workman for personal injury and occupational disease arising out of and in the course of employment. Besides injury, the employer is liable to pay compensation if the workman contracts any of the occupational diseases specified in Schedule 3 of the Act.

Personal Injury: an employer is liable to pay compensation to a workman if personal injury is caused to him b y accident arising out of and in the course of employment.

Out Of Employment: an accident arising out of employment means that there must be relation between the injury and the accident and the work done in the course of employment. In order to prove that injury arose out of employment two conditions must be full filled.

Injury must have results from risk incident to the duties of the services. At the time of injury worker must have been engaged in the business of the employer and must not be doing something for this personal advantage.

In The Course Of Employment: it refers to the time during which employment continues. It covers whole of the time a workman is carrying out the duties required of him as incidental to his services. It includes not only the time when he is doing the work but also the time he is at place where he would not but for his employment section3(2).

Occupational Diseases: workers employed in certain occupation are exposed to certain diseases which are inherent in these occupations. Contracting of an occupational disease deemed to be an accident section. Sec.3 (2).

Employer Not Liable: the employer shall not be liable to pay any compensation in the following diseases section.3(i).

Where the incapacity or disablement does not last for more than 4 days.

Where the injury, not resulting in death, is caused by an accident which is directly attributable to; the workman has been at the time of accident under the influence of drinks or drugs.

The willful obedience to an express order or rules framed for securing safety e.g. the worker did not use the eye shield at time of welding which was provided him.

The willful removal or disregard of any safety guard or other device, which he knew it have been provided for securing safety.

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Employers Liability For Compensation

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This article was published on 2010/04/02