Workmen’S Compensation Act · 1984 Revised Edition · Part II · Workman'S Compensation for Injury
20. Workmen's Compensation
Official textFrom Attorney General's Chambers, unchanged
Where any person (in this section referred to as
"the principal") in the course of or for the purpose of his trade or business contracts with any other person (in this section referred to as "the contractor") for the execution by or under the contractor of the whole or any part of any work undertaken by the principal, the principal shall be liable to pay to any workman employed in the execution of the work any compensation which he would have been liable to pay if the workman had been immediately employed by him and where a claim has been made to the principal for compensa-tion, this Act shall apply as if references to the principal were substituted for references to the employer, except that the amount of compensation shall be calculated with refer-ence to the wages of the workman under the employer by whom he is immediately employed.
Where the principal is liable to pay compensa-tion under this section, he shall be entitled to be indemnified by the person who would have been liable to pay compensa-tion to the workman if this section had not been enacted.
Nothing in this section shall be construed as pre-venting a workman from recovering compensation from the contractor instead of the principal, and a claim made against a principal or a contractor, as the case may be, shall not bar subsequent proceedings under this Act against the other to recover so much of the compensation agreed or awarded as may remain unpaid.
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( 4) This section shall not apply in any case where the
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accident occurred elsewhere than at or about the place where the principal has undertaken to execute work or which is otherwise under his control or management.
Terms defined in s 3
employer
Defined · s 3"employer" includes - (a) the Government; (b) any statutory body or authority; (c) any person or body of person whether in-corporate or not; (d) the legal personal representative of a de-ceased employer; and (e) in relation to a person employed for the pur-pose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of such club; and where the services of a workman are tempor-arily lent or let on hire to another person by the person with whom the workman has entered into a contract of employment, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the workman whilst he is working for that other person;