Sri Lanka Consolidated Acts

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Atomic Energy Authority Act (No. 19 of 1969) - Sect 41

Compensation for injury

41.
(1) If injury is caused to an employee of the Authority or to any other person by ionizing radiations from any material on any premises occupied by the Authority or from any waste discharged in whatever form on or from any such premises or from any material in the course of carriage on behalf of the Authority, the Authority shall be liable to pay compensation to such person in accordance with such scale as the Minister may specify by Order published in the Gazette:
(2) If any person who has been employed by any employer in any process in which ionization radiation occurs, for a continuous period of not less than six months, contracts any prescribed disease, such employer shall be liable notwithstanding the provisions of any other written law to pay to such person compensation in the prescribed manner unless the employer proves that the disease had not arisen as a result of such employment :
(3) If any person who has been employed by the Authority for a continuous period of not less than six months, contracts any disease specified by the Minister by Order, the Authority shall be liable to pay such person compensation specified by the Minister by Order unless the Authority proves that the disease had not arisen as a result of such employment :
(4) The compensation referred to in sub-sections (1), (2) and (3) shall not be less than the sums payable for any corresponding injury under the Workmen's Compensation Ordinance, and where a claim is not admitted by the Authority, compensation may be recovered, as far as may be, in the same manner as in the Workmen's Compensation Ordinance.
(5) The provisions of this section shall not bar a person from recovering damages in a court of law, but, where damages are awarded the court shall take into consideration any compensation paid under this section.


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