law: Workmen's Compensation Act, 1923 
  3. Employer's liability for compensation
  (1) If personal injury is caused to a workman by accident
  
  arising out of and in the course of his employment his employer shall be liable
  
  to pay compensation in accordance with the provisions of this Chapter :
  Provided  that the employer shall not be so liable -
  (a) in respect of any injury which does not result in the total
  
  or partial disablement of the workman for a period exceeding three days;
  (b) in respect of any injury not resulting in death or permanent
  
  total disablement caused by an accident which is directly attributable to -
  the workman having been at the time thereof under the influence
  
  of drink or drugs or the willful disobedience of the workman to an order
  
  expressly given or to a rule expressly framed for the purpose of securing the
  
  safety of workmen or the willful removal or disregard by the workman of any
  
  safety guard or other device he knew to have been provided for the purpose of
  
  securing the safety of workman. (2) If a workman employed in any employment
  
  specified in Part A of Schedule III contracts any disease specified therein as
  
  an occupational disease peculiar to that employment or if a workman whilst in
  
  the service of an employer in whose service he has been employed for a
  
  continuous period of not less than six months (which period shall not include a
  
  period of service under any other employer in the same kind of employment) in
  
  any employment specified in Part B of Schedule III contracts any disease
  
  specified therein as an occupational disease peculiar to that employment or if
  
  a workman whilst in the service of one or more employers in any employment
  
  specified in Part C of Schedule III for such continuous period as the Central
  
  Government may specify in respect of each such employment contracts any disease
  
  specified therein as an occupational disease peculiar to that employment the
  
  contracting of the disease shall be deemed to be as 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 :
  Provided  that if it proved -
  that a workman whilst in the service of one or more employers in
  
  any employment specified in Part C of Schedule III has contracted a disease
  
  specified therein as an occupational disease peculiar to that employment during
  
  a continuous period which is less than the period specified under this
  
  sub-section for that employment; and that the disease has arisen out of and in
  
  the course of the employment the contracting of such disease shall be deemed to
  
  be an injury by accident within the meaning of this section : Provided further
  
  that if it is proved that a workman who having served under any employer in any
  
  employment specified in Part B of Schedule III or who having served under one
  
  or more employers in any employment specified in Part C of that Schedule for a
  
  continuous period specified under this sub-section for that employment and he
  
  has after the cessation of such service contracted any disease specified in the
  
  said Part B or the said Part C as the case may be as an occupational disease
  
  peculiar to the employment and that such disease arose out of the employment the
  
  contracting of the disease shall be deemed to be injury by accident within the
  
  meaning of this section.
  (2A) If a workman employed in any employment specified in Part C
  
  of Schedule III contracts any occupational disease peculiar to that employment
  
  the contracting whereof is deemed to be an injury by accident within the
  
  meaning of this section and such employment was under more than one employer
  
  all such employers shall be liable for the payment of the compensation in such
  
  proportion as the Commissioner may in the circumstances deem just.
  (3) The Central Government or the State Government after giving
  
  by notification in the Official Gazette not less than three months' notice of
  
  its intention so to do may by a like notification add any description of
  
  employment to the employments specified in Schedule III and shall specify in
  
  the case of employments so added the diseases which shall be deemed for the
  
  purposes of this section to be occupational diseases peculiar to those
  
  employments respectively and thereupon the provisions of sub-section (2) shall
  
  apply in the case of a notification by the Central Government within the
  
  territories to which this Act extends or in case of and notification by the
  
  State Government within the State as if such diseases had been declared by this
  
  Act to be occupational diseases peculiar to those employments.
  Save as provided by sub-sections (2), (2A) and (3) no
  
  compensation shall be payable to a workman 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. Nothing herein contained shall be
  
  deemed to confer any right to compensation on a workman in respect of any
  
  injury if he has instituted in a civil court a suit for damages in respect of
  
  the injury against the employer or any other person; and no suit for damages
  
  shall be maintainable by a workman in any court of law in respect of any injury
  
  - (a) if he has instituted a claim to compensation in respect of the injury
  
  before a Commissioner; or
  (b) if an agreement has been come to between the workman and his
  
  employer providing for the payment of compensation in respect of the injury in
  
  accordance with the provisions of this Act.