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Applicability and exemption of employees compensation act

The Employees Compensation Act, 1923 And The Workmen's Compensation Rules 1924

Applicability

An Act to provide for the payment by employers to their employee of compensation for injury by accident. It extends to the whole of India. Section 3(1): If personal injury is caused to an employee by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation. Compensation is payable, if disease is directly attributable to a specific injury by accident arising out of and in the course of his employment.

Exemption

Employer shall not be so liable- Section 3(1)(a): in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding 3 days. Section 3(1)(b): in respect of any injury, not resulting in death or permanent total disablement caused by an accident which is directly attributable to— (i) the employee having been at the time thereof under the influence of drink or drugs, or (ii) the wilful disobedience of the employee to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of employee, or (iii) the wilful removal or disregard by the employee of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of employee.

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 2 Replies

HayfaRivera   15 December 2017

Employee has their rights through the compensation act as regular use of such one work for perfect return. The matter of lovely approach in such act works for good go ahead in having ideal return. This mention in site https://www.ukessaypro.com/ for need.

dhaval (Senior Manager)     11 March 2019

Need help wrt one case.

If an employee is returning back from his project site (not head office), and meets with an accident and dies, is the famiy eligible under employee compensation act. 


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