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Employee accident
1 week ago
I run a small welding workshop which mainly focus on steel fabrication.i have 6/7 employees under me. One of those employee got an accident using mavhine in my workshop after work time due to his carelessness.in that accident he lost his left eye.i have already paid all his medical expenses and is paying him a small amount monthly. Now he is asking me 10lakh as compensation. As i run a small workshop i cant afford that. What should i do? The maximum i can afford is 1/2 lakh. Because i have numerous loans and all.my workshop only has a panchayath license nothing else.
A.Dear Client,
Section 3 of the Employees Compensation Act, 1923 outlines the employer's liability for compensating injured employees arising from work-related accidents. Sub-section 1(b) specifies instances where the employer is not liable for compensation, such as when the injury results from the employee's intoxication, disobedience to safety rules, or deliberate disregard of safety measures. Consequently, if an employee's injury stems from their own negligence, they are not entitled to compensation, and the employer is not held accountable for the employee's actions. However, due to the potential complexities of pursuing a claim through litigation, particularly in cases involving significant injury like loss of vision, it's advisable to explore out-of-court settlement options to resolve the matter efficiently before litigation.
Section 3 of the Employees Compensation Act, 1923 outlines the employer's liability for compensating injured employees arising from work-related accidents. Sub-section 1(b) specifies instances where the employer is not liable for compensation, such as when the injury results from the employee's intoxication, disobedience to safety rules, or deliberate disregard of safety measures. Consequently, if an employee's injury stems from their own negligence, they are not entitled to compensation, and the employer is not held accountable for the employee's actions. However, due to the potential complexities of pursuing a claim through litigation, particularly in cases involving significant injury like loss of vision, it's advisable to explore out-of-court settlement options to resolve the matter efficiently before litigation.
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A.Dear sir,
You may contact any labor leader or expert on the above subject matter and settle the matter out of the court.
You may contact any labor leader or expert on the above subject matter and settle the matter out of the court.
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A.Dear Client,
Section 3 of the Employees Compensation Act, 1923 deals with the Employer's liability for compensation payable to an injured employee in case the injury is caused in the course of and arises out of employment. As per Sub-Sec.1(b) of Sec.3 of the Act, 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 in accordance with the provisions of this Act, Provided that the employer shall not be so liable for payment of compensation (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 has 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, to secure the safety of employees, or (iii) the wilful removal or disregard by the employee of any safety guard or other device which he knew to have been provided to secure the safety of employee by the employer. So, as stated by you in your query the employee gets injured due to his carelessness, and then in terms of this section of the Act, the injured employee neither deserves nor claims any compensation for the injury from his employer as a matter of right. Accordingly, applying the doctrine of contributory negligence, the employee is not entitled to compensation for injury caused by his own negligence and the employer cannot be held responsible for negligence on the part of the employee. However, considering the loss of vision in one eye of the injured employee and the complexities involved once the claim is litigated before the Commissioner, Employees Compensation, appointed under Sec.20 of the Act, you may negotiate the matter with the injured employee through an out of court settlement to resolve the matter at the pre-litigation stage. If required you may hire the service of an Advocate for navigating the issue in the right way.
Section 3 of the Employees Compensation Act, 1923 deals with the Employer's liability for compensation payable to an injured employee in case the injury is caused in the course of and arises out of employment. As per Sub-Sec.1(b) of Sec.3 of the Act, 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 in accordance with the provisions of this Act, Provided that the employer shall not be so liable for payment of compensation (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 has 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, to secure the safety of employees, or (iii) the wilful removal or disregard by the employee of any safety guard or other device which he knew to have been provided to secure the safety of employee by the employer. So, as stated by you in your query the employee gets injured due to his carelessness, and then in terms of this section of the Act, the injured employee neither deserves nor claims any compensation for the injury from his employer as a matter of right. Accordingly, applying the doctrine of contributory negligence, the employee is not entitled to compensation for injury caused by his own negligence and the employer cannot be held responsible for negligence on the part of the employee. However, considering the loss of vision in one eye of the injured employee and the complexities involved once the claim is litigated before the Commissioner, Employees Compensation, appointed under Sec.20 of the Act, you may negotiate the matter with the injured employee through an out of court settlement to resolve the matter at the pre-litigation stage. If required you may hire the service of an Advocate for navigating the issue in the right way.
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