Dear Seniors, If the employee under the influence of Alcohol / Drug if meets an accident then can he claim under WC ? What are the provisions are available for employer to reject the claim?
From India, Pune
467From India, Pune
Dear Prashant,
kindly see the CHAPTER II of EMPLOYEE’S COMPENSATION ACT 1923, III (1)(b) in which,
If The workman having been at the time thereof under the influence of drink or drugs or the wilful disobedience of the workman to an order expressly given or to a rule expressly framed for the purpose of securing the safety of workmen or the wilful removal or disregard by the workman of any safety guard or other device he knew to have been provided for the purpose of securing the safety of workman.
Thanks & Regards,
Karma Management Consultants Pvt. Ltd.
(Audit & Compliance)
90 - B, Karma House,
Shivaji Road, Vakola Bridge, Santacruz(E). Mumbai - 400 055.
Tel: 67080000 (100 lines) Fax: 67080008
Web - http://www.karmamgmt.com
From India, Mumbai
kindly see the CHAPTER II of EMPLOYEE’S COMPENSATION ACT 1923, III (1)(b) in which,
If The workman having been at the time thereof under the influence of drink or drugs or the wilful disobedience of the workman to an order expressly given or to a rule expressly framed for the purpose of securing the safety of workmen or the wilful removal or disregard by the workman of any safety guard or other device he knew to have been provided for the purpose of securing the safety of workman.
Thanks & Regards,
Karma Management Consultants Pvt. Ltd.
(Audit & Compliance)
90 - B, Karma House,
Shivaji Road, Vakola Bridge, Santacruz(E). Mumbai - 400 055.
Tel: 67080000 (100 lines) Fax: 67080008
Web - http://www.karmamgmt.com
From India, Mumbai
Dear Member,
Employer is not liable to compensation in respect of any injury not resulted in death if the employee was under the influence of drinks or drugs at the time of accident. For more details you may go through section 3 of the E C Act, 1923. Relevant portion is given hereunder for your ready reference.
Sec. 3. Employer’s liability for compensation.—
(1) If personal injury is caused to a workman 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 Chapter:
Provided that the employer shall not be so liable —
(a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding three days;
(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 workman having been at the time thereof under the influence of drink or drugs.
With Regards,
R.N.KHOLA II LL & IR I
Skylark Associates I Gurgaon I Haryana I
www.skylarkassociates.com/
From India, Delhi
Employer is not liable to compensation in respect of any injury not resulted in death if the employee was under the influence of drinks or drugs at the time of accident. For more details you may go through section 3 of the E C Act, 1923. Relevant portion is given hereunder for your ready reference.
Sec. 3. Employer’s liability for compensation.—
(1) If personal injury is caused to a workman 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 Chapter:
Provided that the employer shall not be so liable —
(a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding three days;
(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 workman having been at the time thereof under the influence of drink or drugs.
With Regards,
R.N.KHOLA II LL & IR I
Skylark Associates I Gurgaon I Haryana I
www.skylarkassociates.com/
From India, Delhi
Dear Prashant,
The workman is not entitled for compensation if it has not resulted in death. In other words if he had died his kin will get the compensation if he were alive no compensation if it is proved that he was under the influence of intoxicating agent Alcohol/ Drug.
Yet another feature of WC act is even if had wilfully removed safety devices if he were alive no compensation if it is proved but compensation payable to kin if he had died.
Regards
M.V.KANNAN
From India, Madras
The workman is not entitled for compensation if it has not resulted in death. In other words if he had died his kin will get the compensation if he were alive no compensation if it is proved that he was under the influence of intoxicating agent Alcohol/ Drug.
Yet another feature of WC act is even if had wilfully removed safety devices if he were alive no compensation if it is proved but compensation payable to kin if he had died.
Regards
M.V.KANNAN
From India, Madras
Also, he’ll be charged Driving under the influence of alcohol/drugs. But the charge for the first time offender is different from the second-time offender.
From Philippines
From Philippines
Dear Friends,
Employer is not liable to compensation in respect of any injury not resulted in death if the employee was under the influence of drinks or drugs at the time of accident. For more details you may go through section 3(b) of the E C Act, 1923.
Please read it carefully, employer is not liable only in the case where death has not happened.
Hence its the Employer's liability to pay compensation as per The Employee Compensation Act 1923.
Regards
Radheshyam Singh
8887535915
From India, Mumbai
Employer is not liable to compensation in respect of any injury not resulted in death if the employee was under the influence of drinks or drugs at the time of accident. For more details you may go through section 3(b) of the E C Act, 1923.
Please read it carefully, employer is not liable only in the case where death has not happened.
Hence its the Employer's liability to pay compensation as per The Employee Compensation Act 1923.
Regards
Radheshyam Singh
8887535915
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
ILO - Management of Alcohol-and Drug-Related Issues in the Workplace - ILO - 1996.pdf
Accent-British with Intl Influence.zip