Employer’s liability for compensation.

Labour198339 sections8 chapters

Chapter V DUTIES AND OBLIGATIONS OF USERS OF DANGEROUS MACHINES

Statutory text

(1) If, during his employment as an operator of a dangerous machine, death or dismemberment of any limb or any other bodily injury is caused to such operator, his employer shall be liable to pay compensation—
- (a) in the case of death of the operator, to his family, and
- (b) in any other case, to the operator: Provided that where the operator does not have a family, the compensation shall be paid to the person or persons nominated in this behalf by the operator in writing and notified to the Controller: Provided further that the employer shall not be so liable—
  - (i) in respect of any injury which does not result in the total or partial disablement of the operator for a period exceeding three days; or
  - (ii) in respect of any injury, not resulting in death, caused by an accident which is directly attributable to—
- (a) the operator having been at the time thereof under the influence of any intoxicant or drug, or
- (b) the wilful removal by the worker of any safety guard or other device which he knew to have been provided in the machine for the purpose of securing the safety of the operator.
(2) The amount of the compensation payable under sub-section (1) shall be determined and paid in accordance with the provisions of the Workmen’s Compensation Act, 1923 (8 of 1923) as if the operator were a workman within the meaning of that Act, and, for this purpose, the provisions of the said Act shall apply to him as they apply to a workman within the meaning of that Act.

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