Dear Sir,
Kindly provide us with details of Employer's Liability in the case of a snake bite and natural death due to organ failure, such as a heart attack, while an employee is on duty. Generally, we understand that the Workers' Compensation Policy covers only injuries sustained while on duty. Is a snake bite while on duty also covered under the Workers' Compensation Policy? I would be grateful if any case law details could be made available.
With Warm Regards,
RKB
From India, Gandhidham
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5Kindly provide us with details of Employer's Liability in the case of a snake bite and natural death due to organ failure, such as a heart attack, while an employee is on duty. Generally, we understand that the Workers' Compensation Policy covers only injuries sustained while on duty. Is a snake bite while on duty also covered under the Workers' Compensation Policy? I would be grateful if any case law details could be made available.
With Warm Regards,
RKB
From India, Gandhidham
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Yes, the Act includes the provision. "Death of a workman due to a snake bite while on duty will amount to 'accident.' Taj Khan Hnusa v. Patel Prevbha Neemuch, (1999) 81 FLR 607: (1999) III LL) (Supp) 1246: 1999 LLR 63 (MP HC)." Source: Workmen Compensation Act
Requesting our experts to share more about the implementation of this rule.
From India, Mumbai
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Requesting our experts to share more about the implementation of this rule.
From India, Mumbai
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Generally, natural deaths are not included in Workers' Compensation policy. However, it will differ from case to case.
From India, Pune
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From India, Pune
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Dear Prashant,
This is what I was waiting for. When we read about an act, its implementation remains a far cry. For someone who has never worked in the manufacturing sector, it can be largely misleading. Please share more on how it is treated and what are the things that must be taken care of in case such an accident happens.
From India, Mumbai
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This is what I was waiting for. When we read about an act, its implementation remains a far cry. For someone who has never worked in the manufacturing sector, it can be largely misleading. Please share more on how it is treated and what are the things that must be taken care of in case such an accident happens.
From India, Mumbai
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ECA speaks for "Arising & in the course of employment" in natural death; there is a rare chance of having a relation of injury/death. "Arising & in the course of employment." Hope this will help the members...
From India, Pune
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From India, Pune
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I feel there are some cases where courts awarded compensation in case of natural deaths also. As said it depends on case to case and correlation between death and nature of work.
From India, Hyderabad
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From India, Hyderabad
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If an employee dies due to a heart attack induced by the stress faced on duty (regular stress due to the nature of the job or even a single incident such as a shock-induced heart attack), it will also be covered under the Workers' Compensation Act (WCA) for compensation. However, this is a point that needs to be proven before the WCA Court in the claim petition. The chances of awarding compensation are high in such cases.
From India, Chennai
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From India, Chennai
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