Mere Negligence of Employee, will not Debar from accident compensation

[stellalauren]

Liability of insurer arises under the Employees Compensation Act, 1923, if the accident arises out of and in the course of employment. Liability to pay compensation can be denied by the employer as well as the insurer only when it is proved that the employee, while preforming duty, was under the influence of liquor or drugs or had willfully disobeyed the express order of the employer. When due to accident an employee is not capable of doing the work which he was doing before the accident, there would be total disablement of the employee entitling him compensation by applying 100% factor irrespective of his medical disability of lesser percentage.

 

[Himanshi Agarwal]

What is Accident Compensation?
The trigger for a claim is 'personal injury accident'. This includes physical and mental consequences, medical misadventure, industrial injuries and incapacity, and actual bodily harm, including pregnancy and mental or nervous shock.