Page 134 - Liability Insurance IC74

The Insurance Times

of these provisions is necessary to understand the
coverage under the policy and the process of settlement
of claims.

According to Section 3 of the Act, the employer is liable
to pay compensation laid down in the Act if personal
injury is caused to workmen by accident arising out of
and in the course of this employment. If the workman
contracts any disease, specified in the Act as an
occupational disease, the illness is deemed to be injury
by accident arising out of and in the course of 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 defenses are not available if the injury
resulted in the employee's death.

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