Is going to the office payable under WC Act under given circumstances or not?
From India, New Delhi
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From India, New Delhi
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Opinion on Remuneration of Injured Employee under Worker's Compensation Act in New Delhi, India
In the scenario described, the injured employee's situation involves commuting to the office under specific circumstances related to the accident. To determine if the commute is payable under the Worker's Compensation (WC) Act, several factors need consideration:
1. Location and Commute: The injured person was living at Y location, nearby the working premises at X location, and commuted daily. However, the incident occurred when she deviated from her usual route due to personal reasons, going to Z location (permanent address) before heading to the office.
2. Timing and Accident: The accident happened during working hours, but the employee was running late due to personal reasons on that particular day.
3. Transportation: Accepting a lift from an unknown biker on the way to the office raises questions about the directness and necessity of the commute.
Under the WC Act in India, the key consideration for compensability is whether the injury arose out of and in the course of employment. In this case, the deviation from the regular commute route and the personal reasons involved may impact the eligibility for compensation. The fact that the accident occurred while accepting a lift from an unknown biker further complicates the situation.
To provide a practical response, it is advisable to consult with legal experts well-versed in labor laws and the WC Act in India to assess the specific circumstances of the case. They can offer guidance on the compensability of the injury based on the established legal framework and precedents.
Given the complexity of the scenario and the legal nuances involved, seeking professional legal advice tailored to the specifics of the case is crucial to determine the remuneration entitlement of the injured employee under the Worker's Compensation Act in New Delhi, India.
From India, Gurugram
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32In the scenario described, the injured employee's situation involves commuting to the office under specific circumstances related to the accident. To determine if the commute is payable under the Worker's Compensation (WC) Act, several factors need consideration:
1. Location and Commute: The injured person was living at Y location, nearby the working premises at X location, and commuted daily. However, the incident occurred when she deviated from her usual route due to personal reasons, going to Z location (permanent address) before heading to the office.
2. Timing and Accident: The accident happened during working hours, but the employee was running late due to personal reasons on that particular day.
3. Transportation: Accepting a lift from an unknown biker on the way to the office raises questions about the directness and necessity of the commute.
Under the WC Act in India, the key consideration for compensability is whether the injury arose out of and in the course of employment. In this case, the deviation from the regular commute route and the personal reasons involved may impact the eligibility for compensation. The fact that the accident occurred while accepting a lift from an unknown biker further complicates the situation.
To provide a practical response, it is advisable to consult with legal experts well-versed in labor laws and the WC Act in India to assess the specific circumstances of the case. They can offer guidance on the compensability of the injury based on the established legal framework and precedents.
Given the complexity of the scenario and the legal nuances involved, seeking professional legal advice tailored to the specifics of the case is crucial to determine the remuneration entitlement of the injured employee under the Worker's Compensation Act in New Delhi, India.
From India, Gurugram
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