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| Worker-compensation under- Section 150 |
Liability of the employer to pay compensation under Section 150 | Bangladesh Labor Act -2006:
As per Section-150(BLA-2006),
(1) If a worker sustains bodily injury caused by an accident arising out of and in the course of his employment, the employer shall be liable to pay compensation in accordance with the provisions of this Chapter.
(2) An employer shall not be liable to pay such compensation if:
(Ka) The injury does not result in total or partial disablement for a period exceeding three days;
(Kha) The injury, not resulting in death, was caused by an accident directly attributable to:
(1)The worker was under the influence of alcohol or drugs at the time of the accident;
(2)The willful disobedience of the worker to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of workers; or
(3)The willful removal or disregard by the worker of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of workers.
(3) If:
(Ka) A worker employed in any employment specified in Part A of the Third Schedule contracts any disease specified therein as an occupational disease peculiar to that employment; or
(Kha) A worker, whilst in the service of an employer for a continuous period of not less than six months in any employment specified in Part B of the Third Schedule, contracts any disease specified therein as an occupational disease peculiar to that employment;
The contracting of the disease shall be deemed to be an injury by accident within the meaning of this section and, unless the contrary is proved, the accident shall be deemed to have arisen out of and in the course of the employment.
Explanation: For the purposes of this sub-section, a period of service shall be deemed to be continuous if it has not been interrupted by service under any other employer in the same kind of employment.
(4)The Government, by notification in the official Gazette, may add any description of employment to the occupations specified in the Third Schedule and shall specify the diseases which shall be deemed to be occupational diseases; and thereafter the provisions of sub-section (3) shall apply as if such diseases had been declared by this Chapter to be occupational diseases.
(5) Save as provided by sub-sections (3) and (4), no compensation shall be payable to a worker in respect of any disease unless the disease is directly attributable to a specific injury by accident arising out of and in the course of his employment.
(6)Nothing herein contained shall be deemed to confer any right to compensation on a worker in respect of any injury if he has instituted a suit in a Civil Court for damages against the employer or any other person.
(7) No suit shall be maintainable in any Civil Court by a worker for compensation in respect of an injury:
(Ka) If he has filed an application claiming compensation for the injury before a Labour Court; or
(Kha) If an agreement has been reached between the worker and the employer for the payment of compensation in respect of the injury in accordance with the provisions of this Chapter.
(8) For the purposes of this Chapter, "Worker" means any person employed by an employer directly or through a contractor who is:
(Ka) A Railway servant as defined in Section 3 of the Railways Act, 1890 (Act No.9 of 1890), who is not permanently employed in any administrative, district, or sub-divisional office of a railway and is not employed in any capacity as specified in the Fourth Schedule; or
(Kha) Employed in any capacity specified in the Fourth Schedule;
Whether the contract of employment is expressed or implied, oral or in writing; and any reference to a worker who has been injured shall, where the worker is dead, include a reference to his dependents or any of them.
Explanation: For the purposes of this Chapter, the exercise and performance of the powers and duties of a local authority or a Government department shall, unless a contrary intention appears, be deemed to be the trade or business of such authority or department.