Section 24: Industrial injury

24. Industrial injury (1) Subject to subsection (2), where an employee suffers personal injury which is caused by— (a) an accident arising out of and during the course of his employment; or (b) a prescribed disease, being a disease due to the nature of his employment, he shall be deemed to have suffered industrial injury. (2) For the purpose of subsection (1)— (a) an accident arising in the course of employment shall be deemed, in the absence of evidence to the contrary, to have arisen out of that employment; (b) an accident arising out of and in the course of employment shall include— (i) an accident which occurs— (A) while an employee is travelling as a passenger to or from his place of work in a vehicle or craft operated for that purpose by or on behalf of his employer, whether or not he is under an obligation to travel by such means; (B) while an employee is taking steps, on an emergency at the place where he is employed, to rescue, help or protect a person who is, or is believed to be or to be about to be injured or imperilled, or to avert or minimise damage to property; (C) at a time when an employee was contravening a law applicable to his employment or an order of his employer or was acting without instructions from his employer and which would have occurred even if the employee had not been so acting, where the contravention or act was for the purposes of, and in connection with, the employer’s trade or business or other activities; or (D) during a temporary interruption of work for a meal, rest or refreshment, where the accident happens in or about premises— (I) occupied by the employer; N21 – 16 (5) [Issue 9] National Pensions Act (II) to which the employee has, by virtue of his employment, a right of access during the temporary interruption of his work; or continued on page N21 – 17 [Issue 9] N21 – 16 (6) Revised Laws of Mauritius (III) to which the employee is permitted to resort during the temporary interruption of his work by express or implied authorisation of his employer; (ii) an accident which is caused by— (A) another person’s misconduct, negligence or imprudence; (B) the behaviour or presence of an animal; or (C) an employee being struck by any object or any force of nature, and to which the employee has not contributed by an act extraneous to his employment; (iii) a hernia— (A) (I) which is clinical hernia of disabling character which appears to have recently occurred for the first time; or (II) which is an aggravation or strangulation of preexistent hernia resulting in immediate pain and disablement; and (B) the onset of which was immediately preceded by a strain or an accident arising in any of the circumstances specified in subparagraphs (i) and (ii).