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Unit 3: Rules regarding the Workmen’s Compensation Act

(ii) Willful disregard of instruction relating to safety precautions given by the employer; Notes
and/or
(iii) The willful disregard of the usage of the safety device or safety guard provided for the
purpose of securing safety of the workman by the employer.

Occupational Disease

Section 3(2) of the Act also recognizes that the workman employed in certain types of industries
of occupation risk exposure to certain occupational disease peculiar to that employment. This
section states that the contracting of any of these occupational diseases shall be deemed to be:
(i) An injury by accident within the meaning of the Act and compensation is payable to the
workman who contracts such disease;

(ii) The types of employment which exposes the workman to occupational disease as well as
the list of occupational diseases are contained in Schedule III of the Act.
Schedule III is divided into three parts, viz., A, B and C. No specific period of employment is
necessary for a claim for compensation with respect to occupational diseases mentioned in
Part A. For diseases specified in Part B the workman must be in continuous service of the same
employer for a period of six months in the employment specified in that part. For diseases in
Part C the period of employment would be such as is specified by the Central Government for
each of such employment whether in the service of one or more employers.

Example: If a workman employed in any employment mentioned in Part C of the
Schedule II contracts any occupational disease peculiar to that employment, the contracting
whereof is deemed to be an injury by accident within the meaning of Section 3 and such
employment was under more than one employer then all the employers shall be liable for the
payment of compensation in such proportion as the commissioner in the circumstances may
deem just.

3.1.2 Notice and Claim for Compensation [Section 10]

Section 10 of the Act prescribes that a claim for compensation shall be entertained by the
commissioner only after a notice of the accident has been given to him. Such notice should be
given as soon as practicable after the date of the accident.

Notes The claim of compensation however be preferred within 2 years form the date of
accident or death. In case of deemed accident arising out of occupational disease the date
of accident will be recorded as the first day on which the workman starts absenting
himself continuously as a consequence of the disease.
Failure to give notice shall not bar the entertainment of the claim by the commissioner
under the following circumstances, namely:
(i) If the death of a workman resulting from the accident occurred on the premises of
the employer or at any place where the workman at the time of accident was working
under the control of the employer and the workman died at such place or at such
premises belonging to the employer and died without having left the vicinity of the
premises or the place where the accident occurred; or
(ii) If the employer or any of the several employers or his manager has knowledge of
the accident from any other source at or about the time when it occurred.

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