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Employer Liability under the Workmen Compensation Laws

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When Is An Employer Required To Pay Compensation Under The Workmen Compensation Laws?

The employer of a business or a trade is required to pay compensation under the following conditions:

  1. An employee has met with an accident while working on the job and it has resulted in any or all of the following:
    • Death
    • A complete or permanent disability
    • A partial disability that is permanent in nature
    • A disability that is temporary in nature
  2. The person has contracted a disease due to his occupation

What Are The Limitations To This Liability Under The Workmen Compensation Laws?

The employer is not liable to pay compensation under the following conditions:

  1. The injury or disability has not lasted for more than 3 days
  2. The injury was sustained by the workman as a result of any one or all of the following:
    • The workman was found to be under the effect of drugs or
    • The injury was sustained by the worker because he wilfully disobeyed an order meant to look after his safety or if he went against an express order.
    • The injury was sustained because the workman deliberately removed or ignored a device meant for his safety at the establishment.

The laws also stipulate that the employer has to prove that the injury was caused by the employee’s disobedience.

  • The employer is not liable to pay compensation if a workman acquires a disease that is not specifically related to the injury suffered by him at his work.
  • The employer is also not liable if the workman has already filed for damages in respect of that injury in a court of law.

Stipulations Regarding the Contract and Compensation

Under the workmen compensation laws, any agreement made with the workman which results in him giving up his rights to compensation is null and void. This is especially applicable if such an agreement reduces or removes the liability of the employer to provide for compensation.

Related Topics:

  • Workmen Compensation Laws in India

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