Nagarajan (Consultant) 31 August 2012

Employer liability

Dear Members:

An employee, while on duty , causes accident under influence of alcohol or drug ( while driving a vehicle or otherwise). He injures himself or dies and or injures others. Is employer liable for compensation to the employee/ his heirs/ third parties of the accident? How can an employer protect himself against this risk.
An employee, while not being on duty , causes accident under influence of alcohol or drug ( while driving a vehicle or otherwise). He injures himself or dies and or injures others. Is employer liable for compensation to the employee/ his heirs/ third parties of the accident? How can an employer protect himself against this risk.

Pl adv. Thanks.

Nagarajan

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3 Replies

Anish Thakur 7018812737 (advocate) 31 August 2012

dear querist,

both of your queries belongs to the torts and comes under the tortious liability concept so write the full incident and every explanation and transaction of the duty and accident to give you the exact advise.mail the full query on advocate_anish@imap.cc

darshana sawant (associate consultant) 01 September 2012

dear mr nagarajan,

As per section3(1)(b) of the Employees Compensation Act, the employer is not liable for compensation if the accident is due to (a0 influence of drinks or drugs. However it has to be established in writing that the employee was under the influence of liquour or drugs by his blood test or medical report.

Nagarajan (Consultant) 01 September 2012

Thanks for your prompt support. But can you elaborate on who is liable for compensation to injuries or damages to third parties.. the employer or the employee? Regards.. Nagarajan