Hello,
I work in a PSU. Recently, one of our company's regular security guards was shot dead by a contractual employee on the office premises during his duty. Is the employer liable to pay compensation under the Employees' Compensation Act?
From India, Balangir
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2I work in a PSU. Recently, one of our company's regular security guards was shot dead by a contractual employee on the office premises during his duty. Is the employer liable to pay compensation under the Employees' Compensation Act?
From India, Balangir
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Yes, but it would have been better if you provided more details about the incident. Understanding the motive behind the murder is crucial to determine whether it was premeditated, possibly due to personal reasons, or if there were other circumstances involved. Your cryptic narration indicates that both the victim and the perpetrator were employees of the company, and the incident occurred within the company premises while the victim was on duty as a security guard. It is possible that the contract employee committed the offense in a moment of rage following an altercation between the two. However, as far as the security guard is concerned, it could be seen as an accident that happened during the course of his employment.
Therefore, the employer is liable to pay compensation under the Employees Compensation Act of 1923.
From India, Salem
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Therefore, the employer is liable to pay compensation under the Employees Compensation Act of 1923.
From India, Salem
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"One of our company's regular security guards was shot dead by a contractual employee on the office premises at his workplace during the course of duty.
A plain reading of Chapter II of the Employees' Compensation Act helps one understand when compensation is to be paid by the employer. An injury must be suffered - in this case, death has occurred in the course of employment as the deceased was on guard duty. The liability clearly falls on the employer to pay the necessary compensation to the next of kin (NOK)."
From India, Pune
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A plain reading of Chapter II of the Employees' Compensation Act helps one understand when compensation is to be paid by the employer. An injury must be suffered - in this case, death has occurred in the course of employment as the deceased was on guard duty. The liability clearly falls on the employer to pay the necessary compensation to the next of kin (NOK)."
From India, Pune
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Employee's Compensation Act-2009.pdf
Compensation for deceased Employee.xls
THE EMPLOYEE COMPENSATION ACT.docx