Employer Liability for Compensation

Presentation by Piyush Dobariya (16)

Department of Human Resource Development

Section 3 (1) The liability to pay compensation is dependent upon the following four

condition…

1st condition = Injury caused to a workman 2ndcondition = Injury caused by an accident. 3rd condition =Accident-course Employment 4th condition =Result of injury-Death-Total /Partial

Disability –exceeding 3 days.

Employer Liability for Compensation (Sec.3)

1st condition = Result of injury-Death-Total /Partial Disability –exceeding 3 days.

2nd condition=

Employee under influence of drinks or drugs.

3rd conditionE – disobeyed an order expressly given or rule expressly framed for the purpose of securing safety-guards or safety devices

Employer shall not Liable to Pay Compensation

Section 3 (2) -deal with any injury resulting from occupational diseases. List of diseases is contained in Schedule III which divided in

to three different part.

Part A’s D- no specified period of employment is necessary Part B’s D- E must be continuous employment on same

employer for – 6month Part C’s D- period of employment is determined by central

government –one/more employer

Employer’s Liability in case of occupational diseases

Section 3(2A) In case of employment in part C of schedule III –more

than one employer -3 (2A) authorises the Commissioner to fix up responsibility of different employer in respect the amount of compensation payable to workman.

Section 3(3) CG/SG –by notification in official gazette, not less than

3 month’s notice-Schedule III-Section 2 shall apply in case of notification by Goverment-within territories.

Section 3(4) Employer is Liable to pay Compensation only if the

diseases can be directly attributed to specific injury by accident arising out of and in the course of his employment.

Section 3(5) the employer become liable to pay campensation as

soon as the aforesaid personal injury is caused to the workman.

Thank U……