Dear All,
Could you please help with this?
A) Will the employer be liable for payment of compensation under the Workmen's Compensation Act under the following circumstances?
1. If the workman/employee meets with an accident outside the premises of the company during outdoor duty:
a. During official hours? Y/N
b. After/before official hours?
2. If the workman/employee meets with an accident while traveling for official work to another state:
a. During official hours? Y/N
b. After/before official hours? Y/N
3. Workman/employee meets with an accident while coming to the office. - Y/N
4. Workman/employee meets with an accident after office hours. - Y/N
B) Is the employee covered by WC insurance policy where, along with WC 1923, common law 1855 and fatal accident are also provided by the insurer?
1. In case of death, can the employee/workman claim under WC 1923 and also under fatal accident? Y/N
- Will the compensation amount be the same under both cases? How is the claim amount calculated under a fatal accident?
2. In case of an accident, can the employee/workman claim under WC 1923 and also under common law? Y/N
- Will the compensation amount be the same under both cases? How is the claim amount calculated in common law?
If anyone has a calculator to determine the claim amount under WC, please share. Your assistance is greatly appreciated.
Thank you.
From India, Thana
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Could you please help with this?
A) Will the employer be liable for payment of compensation under the Workmen's Compensation Act under the following circumstances?
1. If the workman/employee meets with an accident outside the premises of the company during outdoor duty:
a. During official hours? Y/N
b. After/before official hours?
2. If the workman/employee meets with an accident while traveling for official work to another state:
a. During official hours? Y/N
b. After/before official hours? Y/N
3. Workman/employee meets with an accident while coming to the office. - Y/N
4. Workman/employee meets with an accident after office hours. - Y/N
B) Is the employee covered by WC insurance policy where, along with WC 1923, common law 1855 and fatal accident are also provided by the insurer?
1. In case of death, can the employee/workman claim under WC 1923 and also under fatal accident? Y/N
- Will the compensation amount be the same under both cases? How is the claim amount calculated under a fatal accident?
2. In case of an accident, can the employee/workman claim under WC 1923 and also under common law? Y/N
- Will the compensation amount be the same under both cases? How is the claim amount calculated in common law?
If anyone has a calculator to determine the claim amount under WC, please share. Your assistance is greatly appreciated.
Thank you.
From India, Thana
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Dear Mahesh,
Part A of your question, as it is, relates to the theory of notional extension of employment in terms of time and space. An accident to be an 'employment accident' should have the following ingredients - (1) the victim should be an employee as defined under the EC Act, 1923, and (2) the accident should have arisen out of and in the course of his employment. To determine whether an accident arose out of employment, as you are well aware, there should be a CAUSAL connection between the accident and employment. Whether the accident was in the course of employment can be determined only with reference to the time and place of occurrence of the accident. Normally, 'the time of occurrence' would mean the exact point of time within the stretch of the employee's actual working hours; 'the place of occurrence' would mean the actual place of employment whether within the employer's premises or outside depending upon the employment nature. However, in some types of employments and in a peculiar circumstance if any, in every employment, the time and place cannot be fixed with mathematical precision; on the other hand, they have to be notionally extended taking into consideration of the circumstances of the given case so as to make the ends of justice meet. The theory of notional extension of time and place, therefore, covers some extended areas in some special cases but that would depend upon the facts of each case and more so if a connection between the employment and the accident is established. Hope, now, you can cull out the answers yourself for the queries in part A.
The introductory portion of part B seems a little bit confusing to me. Do you mean that the WC Policy simultaneously covers the risks under Common Law 1855 and Fatal Accident? An alternative remedy is provided for u/s 3(5) of the EC Act, 1923, but not under both.
From India, Salem
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6185Part A of your question, as it is, relates to the theory of notional extension of employment in terms of time and space. An accident to be an 'employment accident' should have the following ingredients - (1) the victim should be an employee as defined under the EC Act, 1923, and (2) the accident should have arisen out of and in the course of his employment. To determine whether an accident arose out of employment, as you are well aware, there should be a CAUSAL connection between the accident and employment. Whether the accident was in the course of employment can be determined only with reference to the time and place of occurrence of the accident. Normally, 'the time of occurrence' would mean the exact point of time within the stretch of the employee's actual working hours; 'the place of occurrence' would mean the actual place of employment whether within the employer's premises or outside depending upon the employment nature. However, in some types of employments and in a peculiar circumstance if any, in every employment, the time and place cannot be fixed with mathematical precision; on the other hand, they have to be notionally extended taking into consideration of the circumstances of the given case so as to make the ends of justice meet. The theory of notional extension of time and place, therefore, covers some extended areas in some special cases but that would depend upon the facts of each case and more so if a connection between the employment and the accident is established. Hope, now, you can cull out the answers yourself for the queries in part A.
The introductory portion of part B seems a little bit confusing to me. Do you mean that the WC Policy simultaneously covers the risks under Common Law 1855 and Fatal Accident? An alternative remedy is provided for u/s 3(5) of the EC Act, 1923, but not under both.
From India, Salem
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Thank you for your reply!
Is "notional extension" an amendment in the Workmen's Compensation Act, 1923? The WC policy provides cover for any insured employee who may sustain personal injury by accident or disease arising out of and in the course of his employment. The company will indemnify the insured against all sums for which the insured is held liable to pay to his employees under:
1. Workmen's Compensation Act, 1923
2. the Fatal Accidents Act 1855
3. and at Common Law
From India, Thana
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Is "notional extension" an amendment in the Workmen's Compensation Act, 1923? The WC policy provides cover for any insured employee who may sustain personal injury by accident or disease arising out of and in the course of his employment. The company will indemnify the insured against all sums for which the insured is held liable to pay to his employees under:
1. Workmen's Compensation Act, 1923
2. the Fatal Accidents Act 1855
3. and at Common Law
From India, Thana
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Dear Mahesh,
"Notional extension of employment" is a theory propounded by the higher courts with reference to the time and place of occurrence of employment accidents in order to fix the liability of employers.
A single insurance policy would not cover the liability arising from the same cause of action under more than one Insurance Law simultaneously, I think. Seniors well-versed in Insurance Laws may please shed more light on this.
Thank you.
From India, Salem
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"Notional extension of employment" is a theory propounded by the higher courts with reference to the time and place of occurrence of employment accidents in order to fix the liability of employers.
A single insurance policy would not cover the liability arising from the same cause of action under more than one Insurance Law simultaneously, I think. Seniors well-versed in Insurance Laws may please shed more light on this.
Thank you.
From India, Salem
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Sir,
I was recruited by the State Road Transport Corporation and was deputed to basic police training at the police academy by the Corporation's state training academy. I had an injury while training at the police academy. Initially, I thought the injury was normal and would be cured in a week or two, but the pain continued for a month. Meanwhile, my training was completed, and my initial posting was at an office. Afterward, I went to the Corporation's hospital one day, where the doctor recommended surgery. Consequently, I was on sick leave for 3 months and underwent surgery. After recovery, I rejoined duty and learned about the Workers' Compensation Act. I then sent a letter to the State Police Academy requesting them to issue a certificate verifying the genuineness of my injury.
I now have the letter sent by the police academy. I request your assistance in suggesting a solution on how to claim under the Workers' Compensation Act and recover my 3 months' salary.
Email: ajay.maryala@gmail.com
From India, Hyderabad
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I was recruited by the State Road Transport Corporation and was deputed to basic police training at the police academy by the Corporation's state training academy. I had an injury while training at the police academy. Initially, I thought the injury was normal and would be cured in a week or two, but the pain continued for a month. Meanwhile, my training was completed, and my initial posting was at an office. Afterward, I went to the Corporation's hospital one day, where the doctor recommended surgery. Consequently, I was on sick leave for 3 months and underwent surgery. After recovery, I rejoined duty and learned about the Workers' Compensation Act. I then sent a letter to the State Police Academy requesting them to issue a certificate verifying the genuineness of my injury.
I now have the letter sent by the police academy. I request your assistance in suggesting a solution on how to claim under the Workers' Compensation Act and recover my 3 months' salary.
Email: ajay.maryala@gmail.com
From India, Hyderabad
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Employee's Compensation Act-2009.pdf
Compensation for deceased Employee.xls