Dear All,
I am working in the construction industry. One of our senior masons, while going to the site from his residence, has met with an accident. The accident occurred on the way to the work site. We have taken a workmen's compensation policy under which his name is also enlisted. Kindly let me know whether he is eligible for compensation under the Workmen's Compensation Act. If so, please let me know the procedures to be followed.
With Regards,
Pavithra.R
From India, Bangalore
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5I am working in the construction industry. One of our senior masons, while going to the site from his residence, has met with an accident. The accident occurred on the way to the work site. We have taken a workmen's compensation policy under which his name is also enlisted. Kindly let me know whether he is eligible for compensation under the Workmen's Compensation Act. If so, please let me know the procedures to be followed.
With Regards,
Pavithra.R
From India, Bangalore
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Workman compensation policy covers in work place only. Outside the work premises is not covered. Pon
From India, Lucknow
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From India, Lucknow
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Dear Pon Sir, With due respect to you I would like to differ from your viewpoint if there is connection between employment & accident then insurance can be claimed under WC.
From India, Pune
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From India, Pune
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Madam,
If, in the course of his official duty, he met with an accident, then he is eligible for compensation. In case he had not reported for duty at the time of the accident, then he is not eligible for compensation.
Please notify the labor commissioner about the incident and also immediately inform the insurer who will guide you about the further procedure.
Shashi S
From India, Mumbai
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If, in the course of his official duty, he met with an accident, then he is eligible for compensation. In case he had not reported for duty at the time of the accident, then he is not eligible for compensation.
Please notify the labor commissioner about the incident and also immediately inform the insurer who will guide you about the further procedure.
Shashi S
From India, Mumbai
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Dear Pavithra ji,
I too agree with Prashant ji.
This case fits into the doctrine of notional extension of employment, which is covered by the WC policy. According to notional extension, the employer is liable to pay compensation for personal injury caused to a workman by an accident occurring beyond his working hours and working place if there is a nexus between the time and place of the accident and the employment. There are many case laws in this respect.
From India, Mumbai
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I too agree with Prashant ji.
This case fits into the doctrine of notional extension of employment, which is covered by the WC policy. According to notional extension, the employer is liable to pay compensation for personal injury caused to a workman by an accident occurring beyond his working hours and working place if there is a nexus between the time and place of the accident and the employment. There are many case laws in this respect.
From India, Mumbai
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Dear Pavithra,
The employee is covered under the Workers' Compensation Act (WCA). There are several judgments on this issue. When the employee is traveling to the place of work, he is eligible for compensation under the WCA. You need to inform the insurance company, referring to the policy number and the employee details of the individual who has met with this accident. Also, confirm that he is your employee and is eligible to claim under this policy. Ensure they process it quickly, as insurance companies are known to delay these matters.
Regards,
From India, Chennai
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The employee is covered under the Workers' Compensation Act (WCA). There are several judgments on this issue. When the employee is traveling to the place of work, he is eligible for compensation under the WCA. You need to inform the insurance company, referring to the policy number and the employee details of the individual who has met with this accident. Also, confirm that he is your employee and is eligible to claim under this policy. Ensure they process it quickly, as insurance companies are known to delay these matters.
Regards,
From India, Chennai
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Workmen Compensation Notification.pd f
Workmen Compensation Return.doc