Page 251 - Liability Insurance IC74

Guide for Liability Insurance

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 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

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