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Occupational
Disease
Workers
employed in certain types of occupations are exposed
to the risk of contracting certain diseases which are
peculiar and inherent to those occupations.
A
worker contracting an occupational disease is deemed
to have suffered an accident out of and in the course
of employment and the employer is liable to pay compensation
for the same.
Occupational
diseases have been categorised in Parts A, B, and C
of Schedule III of the Act.
Accident
arising out of and in the course of employment
An
accident arising out of employment implies a casual
connection between the injury and the accident and the
work done in the course of employment. The three tests
are:
- At the
time of injury, workman must have been engaged in
the business of the employer and must not be doing
something for his personal benefit.
- That
accident occurred at the place where he was performing
his duties; and
- Injury
must have resulted from some risk incidental to the
duties of the service, or inherent in the nature or
condition of employment.
Accident
Compensation, when payable
The
employer of any establishment covered under this Act,
is required to compensate an employee:
- who
has suffered an accident arising out of and in the
course of his employment resulting into death, permanent
total disablement, permanent partial disablement,
or temporary disablement whether total or partial,
or
- who
has contracted an occupational disease.
Compensation,
when not payable
The
employer is not liable to pay compensation for the injury
to an employee under any of the following circumstances:
- When
injury does not cause total/partial disablement for
more than 3 days;
- When
injury, not resulting in death or permanent total
disablement is directly attributable to employee’s
willful disobedience of the safety rules, or disregard
of the safety devices, or the employee having been
under the influence of drink or drugs;
- When
the employee has contacted a disease which is not
directly attributable to a specific injury caused
by the accident or to that occupation; or
- When
the employee has filed a suit for damages against
the employer or any other person, in a Civil Court.
Employers’
Obligations
- To pay
compensation for an accident suffered by anemployee,
in accordance with the Act.
- To submit
a statement to the Commissioner (within 30 days of
receiving notice) in the prescribed form, giving the
circumstances attending the death of a workman as
result of an accident and indicating whether he is
liable to deposit any compensation for the same.
- To submit
accident report to the Commissioner in the prescribed
form within 7 days of the accident which results in
death of a workman or a serious bodily injury to a
workman.
- To maintain
a notice book in the prescribed form at a place where
it is readily accessible to the workman.
- To submit
an annual return of accidents specifying the number
of injuries for which compensation has been paid during
the year, the amount of such compensation and other
prescribed particulars.
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