The issue whether employer is liable to pay compensation in case of a death or permanent disablement while travelling from home to factory or vice versa is decided finally.
An accident is an event happening externally to a man. In order to prove liability of employer there has to be a relation between the accident and the employment. The employer is responsible if and when the accident occurs during the course of employment. In order to prove that the injury has arisen out of and in the course of employment two conditions shall have to be fulfilled. These conditions may be in the course of employment or out of employment. The accident has to have direct or indirect bearings on employment and therefore the accident should arise out of the employment.
The summary of various judgements on the subject states that the following are the principles that are needed to be considered. The principles are –
There must be causal connection between the injury and the accident and the accident and the work done in the course of employment.
The onus is upon the applicant to show that it was the work and the resulting strain which contributed to or aggravated the injury....
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From India, Pune
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An accident is an event happening externally to a man. In order to prove liability of employer there has to be a relation between the accident and the employment. The employer is responsible if and when the accident occurs during the course of employment. In order to prove that the injury has arisen out of and in the course of employment two conditions shall have to be fulfilled. These conditions may be in the course of employment or out of employment. The accident has to have direct or indirect bearings on employment and therefore the accident should arise out of the employment.
The summary of various judgements on the subject states that the following are the principles that are needed to be considered. The principles are –
There must be causal connection between the injury and the accident and the accident and the work done in the course of employment.
The onus is upon the applicant to show that it was the work and the resulting strain which contributed to or aggravated the injury....
For more see Asklabourproblem.info.
Regards
From India, Pune
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Find definitive answers to Industrial Relations and Labour issues on Asklabourproblem.info
From India, Pune
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From India, Pune
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I once again state that notional extension theory will apply in such cases. The amendments to the ESI Act in 2010 also included this notional extension. Similarly, there are cases in which the courts have decided that accidents occurring while commuting to and from the office are accidents during the course of employment provided the place and time of the accident equate. Please refer to the Tamil Nadu State Road Corporation Ltd Vs Smt. Sivakumari & Ors [LLN(1) 2010 (P) 414 (Madras HC)].
Madhu.T.K
From India, Kannur
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4771Madhu.T.K
From India, Kannur
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Dear Sir,
I am 62 years old. My son was a sales officer in an MNC company. He got injured in an accident while returning to his headquarters after working at an external station. He remained in the ICU for 21 days and passed away on the 2nd of August 2011. The company claims that he settled his account by collecting and paying personal, group, and mediclaim insurance amounts. However, the amounts paid as insurances and mediclaim were insufficient to cover the actual expenses incurred during treatment. The family was entirely dependent on him. Now, I am suffering.
Please suggest to me the appropriate action I should take within the provisions of the Compensation Act to claim appropriate compensation.
Please respond to this.
Thanks
From India, Kolkata
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I am 62 years old. My son was a sales officer in an MNC company. He got injured in an accident while returning to his headquarters after working at an external station. He remained in the ICU for 21 days and passed away on the 2nd of August 2011. The company claims that he settled his account by collecting and paying personal, group, and mediclaim insurance amounts. However, the amounts paid as insurances and mediclaim were insufficient to cover the actual expenses incurred during treatment. The family was entirely dependent on him. Now, I am suffering.
Please suggest to me the appropriate action I should take within the provisions of the Compensation Act to claim appropriate compensation.
Please respond to this.
Thanks
From India, Kolkata
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Our condolences.
I would suggest that you file a complaint before the Workmen Compensation Commissioner with relevant details such as the name of the employee, establishment, age of the deceased, salary, etc. From your post, it is not clear whether the policy was purely mediclaim or a policy under the Workmen's Compensation Act. Anyway, the matter will be decided by the Commissioner after hearing the employer.
Madhu.T.K
From India, Kannur
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I would suggest that you file a complaint before the Workmen Compensation Commissioner with relevant details such as the name of the employee, establishment, age of the deceased, salary, etc. From your post, it is not clear whether the policy was purely mediclaim or a policy under the Workmen's Compensation Act. Anyway, the matter will be decided by the Commissioner after hearing the employer.
Madhu.T.K
From India, Kannur
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Sir, I first want to write a letter to the employer demanding for compantation under provision of act. So please guide me in this.
From India, Kolkata
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From India, Kolkata
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Yes, you need to demand payment of compensation from the employer before approaching the EC Commissioner. This is a requirement under Section 10 of the Employees' Compensation Act 1923. The notice shall state the name and address of the person injured, the cause of injury, date on which the accident happened, and it shall be served either by registered post or personal delivery at the office or residence or place of business.
Regards,
KK
From India, Bhopal
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Regards,
KK
From India, Bhopal
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Hello,
This depends on the situation and varies from case to case. Whenever an accident occurs in any industry, certain questions arise, and based on those questions, we must proceed. First of all, it is essential for HR personnel to have knowledge of two acts: the Compensation Act and the ESI Act.
From India, Jabalpur
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This depends on the situation and varies from case to case. Whenever an accident occurs in any industry, certain questions arise, and based on those questions, we must proceed. First of all, it is essential for HR personnel to have knowledge of two acts: the Compensation Act and the ESI Act.
From India, Jabalpur
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Dear Friends, I'm working with an IT organization. I wanted to ask a question. If an employee gets injured during working hours in office premises, is the employer liable to pay the medical expenses for the same. Also, what about the leaves which are taken on those days by the employee for rest (as the same is said by doctor), if there is no provision for sick leave? There is only CL (8) & PL (21) available for the employee. Kindly help me out for the same ASAP. Would also like to know if there is a law for the same or anything in writing from the government. P.S. As far as my knowledge goes & what I have heard from my friends, the employer is to bear the medical expenses & the leaves are paid leaves, which are not deducted from CL or PL. Attribution https://www.citehr.com/20493-employe...#ixzz2QcMKSW1R
From India, Bangalore
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From India, Bangalore
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