When is an employer Liable and Not liable to pay compensation in a workman for personal injury?

by • 15/01/2013 • GeneralComments (0)400

Q-5      When is an employer Liable and Not liable to pay compensation in a workman for personal injury?

Ans:     LIABILITY OF EMPLOYER

The Workmen’s Compensation Act has abolished the Common Law doctrines of negligence, contributory negligence, assumption of risk and common employment..- Now the employee is entitled to the benefits of the law regardless of negligence, actual or imputed, on: the part of the employer and even if he himself might have been guilty of negligence. Under the law as it stands today the only aspect which has to be looked into is as to whether the injury was accidental and arose out of and in the course of employment. If the injury was (a) accidental and (b) arose out of and in the course of employment, the Workman or his dependents would be entitled to get compensation otherwise not.

(a)   EMPLOYER WHEN LIABLE (SEC. 3)

According to Section 3 of Workmen’s Compensation Act an employer is liable to pay compensation to someone Who is a workman and then only in respect of personal injury caused by accident arising out 6f and in the course of his employment. Besides bodily injury, the employer is liable to pay compensation, if the workman contracts any of the occupational diseases specified in the schedule.

A workman claiming compensation must prove two things:

(i)         That tlje accident arose out of his employment, that is to say that his employment was distinctive and proximate cause of his personal injury, and

(ii)        That it occurred in the course of employment.

(b)   EMPLOYER WHEN NOT LIABLE

The employer shall not be liable to pay compensation in the following cases:

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

(b)        Where the injury, not resulting in death, is caused by an accident, which is directly attributable:

(i)         Workman having been at the time of accidcnt under the influence of drink or drug, or

(ii)        Willful disobedience to an express order or rule framed for securing safety e.g. the worker did not use the eye shield at the time of welding and which was provided to him.

(iii)       Willful removal or disregard of any safety guard or other device which he knew to have been provided for securing safety Each other in all excavate this labor, to minister to each other

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