Section 3Part 2 — Compensation
Employers’ liability for compensation
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If, in any employment, a workman suffers personal injury by accident arising out of and in the course of such employment, his employer shall be liable to pay compensation in accordance with this Law: Provided that the employer shall not be so liable under this Law for such compensation should —
the injury incapacitate the workman, whether totally or partially, in the case of a daily paid workman for a period of less than five consecutive calendar days and in the case of a workman other than a daily paid workman for a period of less than seven consecutive calendar days;
the accident be proved to be attributable to the workman’s own serious and wilful misconduct including —
his being in any degree under the influence of drugs or intoxicating drink;
a contravention of any law, regulation or order, whether statutory or otherwise, expressly made for the purpose of ensuring the safety or health of workmen, or of preventing accidents to workmen, if the contravention was committed deliberately or with a reckless disregard of the terms of such law, regulation or order;
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
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;
it be proved that the accident would not have occurred or insofar as the incapacity or death would not have been caused, but for a pre-existing diseased condition of the workman;
death or incapacity result from personal injury if the workman has, at any time, represented to the employer that he was not suffering or had not previously suffered from that or a similar injury, knowing that the representation was false; or
any workman who has met with an accident, as the result of which there is materially increased risk of a further accident happening to him or of an aggravation of an injury caused by such accident and has thereby become permanently incapacitated from work and received compensation in respect thereof, subsequently resume work similar to that at which he was employed at the time of such accident, whether with the same or another employer, and meet with a further accident which is in any way attributable to the said permanent incapacity, even although such further accident is caused by a subsequent happening.