Page 14 - Liability Insurance IC74

The Insurance Times

Q4.(a) Under what laws does the Employer's liability for
'employment accident' arise ?

Ans. An employer is legally liable towards his employees
to pay compensation in respect of injury or disease
arising out of the scope of employment. The
employers' legal liability for employment accidents
may arise as follows :
(a) Personal negligence of the employer.
(b) The employers' negligence in failure to use
reasonable care and skill in the provision and
maintenance of suitable and safe plant, safe place
to work and safe system of work.
(c) Breach of statutory regulations in regard to the
safety of employees.
(d) Personal negligence of fellow employees
(e) Negligence of employees in the performance of their
employment duties.

The employers' liability towards the employees for
employment accidents arises out of his negligence,
claims for compensation by the employees are
sustainable only if the injury or death is attributed to the
negligence of the employer.

In other words, the injured employees have to establish

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