Employer’s liability for compensation

(1) If in any employment a workman suffers personal injury by accident arising out of and in the course of the employment, his employer shall be liable to pay compensation in accordance with this Act. (2) Where an accident arises out of employment it shall be presumed, unless the contrary is shown, to have occurred in the course of the employment, and where the accident occurred in the course of the employment, it shall be presumed, unless the contrary is shown, to have arisen out of the employment. (3) An employer shall not be so liable under this Act for such compensation if, (a) the injury does not incapacitate the workman whether totally or partially for a period of more than three days; (b) the accident is proved to be attributable to the own serious and wilful misconduct which shall include, (i) his being under the influence of drugs or an intoxicating drink; (ii) a contravention of any law, regulation or order, whether statutory or otherwise, expressly made for the purpose or ensuring the safety or health of workmen, or of preventing to if the contravention was committed deliberately or with a reckless disregard of the terms of the law, regulation or order; (iii) the wilful removal or disregard by the workman of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of workmen; or (iv) any other act or omission which the Court may, having regard to all the circumstances of an accident, declare to be serious and wilful misconduct; (c) it is proved that the accident would not have occurred or in so far as the incapacity or death would not have been caused, but for a pre-existing diseased of the workman; that the workman had not been medically examined through his own fault, in accordance with the provisions of the Labour Act, Cap. 297; (d) death or incapacity results from personal injury if the workman has at any time represented to the employer that he was not suffering from that or a similar injury, knowing that the representation was false. (4) An accident resulting in the death or total and permanent disablement of a workman shall be deemed to arise out of and in the course of his employment and the employer is liable to pay compensation notwithstanding that the workman was at the time when the accident happened acting in contravention of any statutory or other regulation applicable to his employment, or of any orders given by or on behalf of his employer, if such act was done by the workman for the business of and in connection with his employer’s trade or business.