Page 109 - Liability Insurance IC74

Guide for Liability Insurance

the employment.

However, the employer is not liable, for any accidents
directly attributable to :
(i) if the workman had been under the influence of

drinks or drugs

(ii) the willful disobedience of the workman to orders
and rules expressly given to secure the safety of
the workmen

(iii) the willful removal or disregard by the workman of
any safety device provided for the safety of the
workmen.

The above three defences are not available if the injury
resulted in the employee's death.

If the workman dies a natural death while on duty, no
liability attaches to the employer unless it is proved that
the death was caused by strains and stresses peculiar
to that particular employment. When the death of the
workman is caused by aggravation of a pre-existing
disease due to an accident, it is held that the death has
resulted from the accident.

There should be a causal relation between the accident
and the duties which he is required to perform by the

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