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Deepak Nair (lawyer)     30 April 2012

Employee is injured in picnic organised by company

Dear Learned Experts,
An employer arranged for a one day picnic for its emplyees in an adventure part. The adventure park took an undertaking from every employees that the employees will be liable for the risks.

During one of the adventutous activity, one of the lady employee got hurt in her eye due to her own negligence as she removed the safety mask where she was not supposed to.

Now the said employee has to undergo surgery of her left eye. Even after surgery, she won't be above to see as she used to see before and she would not be able to execute her works effectively as her work involves extensive use of computer.

Thus, I have the following queries in this regard:
1. Can the employer be held liable for the occurrence of this incident?
2. Can the employer be held liable to pay compensation and medical expenses to the employee? (The employer is ready to bear the expenses in good faith.)
3. Can the employer terminate the services of the employee on the ground of inefficiency to execute the responsibilities? If yes, any compensation to be made??
4. Is it OK if the employer grants her a long leave of 3/6 months to see whether she gets well and if not then then terminate her if she cannot do her work?
5. Can this accident be considered as an accident happened during and in the course of sevice?

Please advise me on this issue.


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