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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:
An injury by accident within the meaning of the Act and
compensation is payable to the workman who contracts such disease;
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.
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.


Where under sub-section (2) or sub-section (3) a right to compensation
is suspended no compensation shall be payable in respect of the period
of suspension and if the period of suspension commences before the
expiry of the waiting period referred to in clause (d) of sub-section (1)
of section 4 the waiting period shall be increased by the period during
which the suspension continues.
Where an injured workman has refused to be attended by a qualified
medical practitioner whose services have been offered to him by the
employer free of charge or having accepted such offer has deliberately
disregarded the instructions of such medical practitioner then if it is
proved that the workman has not thereafter been regularly attended by a
qualified medical practitioner or having been so attended has
deliberately failed to follow his instructions and that such refusal,
disregard or failure was unreasonable in the circumstances of the case
and that the injury
has been aggravated thereby, the injury and resulting disablement shall
be deemed to be of the same nature and duration as they might
reasonably have been expected to be if the workman had been regularly
attended by a qualified medical practitioner whose instructions he had
followed and compensation if any shall be payable accordingly.