Can Employees Claim Workers' Compensation After an Accident Under the Influence? What Employers Need to Know

Dear Seniors, if an employee under the influence of alcohol or drugs meets with an accident, can they claim under workers' compensation? What provisions are available for the employer to reject the claim?

Kindly see Chapter II of the Employee's Compensation Act 1923, III(1)(b), which states:

The workman, having been at the time thereof under the influence of drink or drugs, or the willful disobedience of the workman to an order expressly given or to a rule expressly framed for the purpose of securing the safety of workmen, or the willful removal or disregard by the workman of any safety guard or other device he knew to have been provided for the purpose of securing the safety of workmen.

Thanks & Regards,
Karma Management Consultants Pvt. Ltd.
(Audit & Compliance)
90 - B, Karma House,
Shivaji Road, Vakola Bridge, Santacruz(E). Mumbai - 400 055.
Tel: [Phone Number Removed For Privacy Reasons] Fax: [Phone Number Removed For Privacy Reasons]
Web - http://www.karmamgmt.com

Employer is not liable to compensation in respect of any injury not resulting in death if the employee was under the influence of drinks or drugs at the time of the accident. For more details, you may go through Section 3 of the E C Act, 1923. The relevant portion is given hereunder for your ready reference.

Sec. 3. Employer's Liability for Compensation

(1) If personal injury is caused to a workman by an accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this Chapter:

Provided that the employer shall not be so liable:

(a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding three days;

(b) in respect of any injury not resulting in death or permanent total disablement caused by an accident which is directly attributable to:

(i) the workman having been at the time thereof under the influence of drink or drugs.

Regards,
R.N. Khola
Skylark Associates, Gurgaon, Haryana

www.skylarkassociates.com

Compensation Under the Worker's Compensation Act

The workman is not entitled to compensation if the incident has not resulted in death. In other words, if he had died, his kin will receive the compensation. However, if he is alive, no compensation is payable if it is proven that he was under the influence of an intoxicating agent such as alcohol or drugs.

Yet another feature of the Worker's Compensation Act is that even if he had willfully removed safety devices, no compensation is payable if he is alive, provided it is proven. However, compensation is payable to kin if he had died.

Regards,
M.V. Kannan

An employer is not liable to compensate for any injury that does not result in death if the employee was under the influence of drinks or drugs at the time of the accident. For more details, you may refer to section 3(b) of the E C Act, 1923.

Please read it carefully; the employer is only not liable in cases where death has not occurred.

Hence, it is the employer's responsibility to pay compensation as per The Employee Compensation Act 1923.

Regards, Radheshyam Singh [Phone Number Removed For Privacy-Reasons]