Whether the death of an employee caused due to stress from work can be considered to be death of an employee due to injury by accident arising out of and in the course of employment?
From India, New Delhi
421From India, New Delhi
I attach reference to the Madras High Court decision which is pretty clear on the applicability of the matter. Each case needs to be examined carefully based on the legal principles enumerated
From India, Mumbai
From India, Mumbai
Dear Colleague,
A very good case law referred by our Colleague. A good reading.
The prime factor in such cases under Workmen Compensation or under ESI are determined based an a detailed analysis of each case including " nature of job or work, " connection between such incident and work" whether attributed due to work, general health condition of the employee, nexus between such incident and work on the day of incident, medical reports and evidences of the case, facts furnished by both sides and so on .
This subject can not be generalized and decided but each case will have its own merit or demerit and can only be decided from Medical angle and Legal angle by experts/ Legal forums
From India, Chennai
A very good case law referred by our Colleague. A good reading.
The prime factor in such cases under Workmen Compensation or under ESI are determined based an a detailed analysis of each case including " nature of job or work, " connection between such incident and work" whether attributed due to work, general health condition of the employee, nexus between such incident and work on the day of incident, medical reports and evidences of the case, facts furnished by both sides and so on .
This subject can not be generalized and decided but each case will have its own merit or demerit and can only be decided from Medical angle and Legal angle by experts/ Legal forums
From India, Chennai
Facts posted are inchoate. The question is whether the death had caused in the course of employment.
From India, Kochi
From India, Kochi
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