A Shipyard employs more than 30 workmen and 10 of them are welders. The industry owners have provided all safety gears to the welders. One of the Welders did not wear the helmet and due to an accident suffered 35% burns. Is the Employer Liable under the Employee Compensation Act to pay compensation to the injured employee?

Question: A Shipyard employs more than 30 workmen and 10 of them are welders. The industry owners have provided all safety gears to the welders. One of the Welders did not wear the helmet and due to an accident suffered 35% burns. Is the Employer Liable under the Employee Compensation Act to pay compensation to the injured employee?

Find the question and answer of Labour Law only on Legal Bites. [A Shipyard employs more than 30 workmen and 10 of them are welders. The industry owners have provided all safety gears to the welders. One of the Welders did not wear the helmet and due to an accident suffered 35% burns. Is the Employer Liable under the Employee Compensation Act to pay compensation to the injured employee?]

Answer

Yes, the employer is liable to pay compensation to the injured employee under the Employee Compensation Act. The act provides compensation to employees who suffer injuries or disabilities while on the job. In this case, the welder suffered burns due to an accident while working in the shipyard.

Section 3 of the Employees Compensation Act,1923 provides for the circumstances where an employer is liable to pay compensation in cases of death or personal injury suffered by the workman. For an employer to be liable, the following conditions should be fulfilled-

a. The workman must have sustained personal injury

b. The personal injury must have been caused by an accident;

c. The accident may have arisen out of and in the course of employment; and

d. The personal injury caused to the workman must have resulted either in the total or partial disablement of the workman for a period exceeding three days or it must have resulted in the death of the workman.

However, an employer is not liable in the following cases:

1. Injury which does not result in total or partial disablement of workman for a period exceeding 3 days.

2. Injury caused by an accident directly attributable to a workman under the influence of drinks or drugs, wilful disobedience of express orders for safety, and willful removal of a safety guard or device. [Even if such case, if the workman dies or suffers permanent total disablement, the employer will be liable].

In the case of Lancashire and Yorkshire Rly v. Highly, [1917 AC 352], Lord Summer laid down the test to assess the phrase:

“Was it part of the injured person's employment to hazard, to suffer, or to do that which caused the injury. If yes, then the accident comes within the sphere of his employment, if no, it did not.”

It is therefore clear that the criterion for an accident to come within the theory of notional extension is that the place of the accident must be one at which the workman would not be present except by virtue of his employment. Therefore, in cases, where a workman while going to, or while leaving his work, suffers an accident on the way, the fundamental point that has to be determined is, whether the workman was at the place of accident by virtue of his status as a workman or by virtue of his status as a member of the public.

The fact that the industry owners have provided safety gear to the welders does not absolve the employer of their responsibility to ensure that all employees are properly trained and follow safety procedures. In this case, the welder failed to wear the helmet, which is a basic safety requirement and suffered injuries as a result.

Under the Employee Compensation Act, the employer is liable to pay compensation for any injury or disability suffered by an employee while on the job, regardless of whether or not the employer was at fault. The compensation is usually based on the extent of the injury and the employee's salary.

Therefore, the injured welder is entitled to receive compensation from the employer for the injuries suffered. The employer should follow the necessary procedures to file a claim for compensation and ensure that the injured employee receives the appropriate medical care and support.