3. Employer’s liability for compensation
Feedback & supportLast amended by an amending law of 2008.
If in any employment personal injury by accident arising out of and in the course of the employment is caused to an employee, his employer shall be liable to pay compensation in accordance with the provisions of this Act.
An accident happening to an employee while he is, with the express or implied permission of his employer, travelling as a passenger by any means of transport to or from his place of work shall be deemed to arise out of and in the course of his employment if at the time of the accident the means of transport is being operated by or on behalf of his employer or by some other person by whom it is operated in pursuance of arrangements made with his employer and is not being operated in the ordinary course of a public transport service.
employee
“employee” means any person who has entered into or works under a contract of service or apprenticeship with an employer, whether —(a)by way of manual labour or otherwise;(b)the contract is express or implied or is oral or in writing; and(c)the remuneration is calculated by time or by work done,but does not include any class of persons specified in the Fourth Schedule;
An accident happening to an employee in or about any premises at which he is for the time being employed for the purposes of his employer’s trade or business shall be deemed to arise out of and in the course of his employment if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue or protect persons who are, or are thought to be or possibly to be injured or imperilled, or to avert or minimise damage or loss to property.
employer
“employer” includes —(a)the Government;(b)any statutory body or authority;(c)the legal personal representative of a deceased employer; and(d)in relation to a person employed for the purpose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of that club,and where the services of an employee are temporarily lent or let on hire to another person by the person with whom the employee has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the employee whilst he is working for that other person;
An accident happening to an employee shall be deemed to arise out of and in the course of his employment notwithstanding that he was at the time of the accident acting in contravention of any written law or other regulations applicable to his employment, or of any orders given by or on behalf of his employer, or that he was acting without instructions from his employer, if —
the accident would have been deemed so to have arisen had such act not been done in contravention as aforesaid or without instructions from his employer, as the case may be; and
such act was done for the purposes of and in connection with the employer’s trade or business.
An employer shall not be liable to pay compensation in respect of —
any injury to an employee resulting from an accident if it is proved that the injury to the employee is directly attributable to the employee having been at the time thereof under the influence of alcohol or a drug not prescribed by a medical practitioner; or
any incapacity or death resulting from a deliberate self-injury or the deliberate aggravation of an accidental injury.
In this section, “drug” means —
a controlled drug within the meaning of the Misuse of Drugs Act (Cap. 185); or
a prescription only drug specified for the purposes of section 29 of the Medicines Act (Cap. 176) that is not prescribed by a medical practitioner for the employee’s consumption or use.
For the purposes of this Act, an accident arising in the course of an employee’s employment shall be deemed, in the absence of evidence to the contrary, to have arisen out of that employment.