Is employer liable for any minor/major accidents during work from home in the IT industry?
From India, Bangalore
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From India, Bangalore
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Dear friend,
The liability for compensation under the Employees' Compensation Act, 1923 towards injuries resulting in partial or permanent disability, thereby reducing the earning capacity or leading to death sustained by employees, can be imposed on the employer. However, this is applicable only in certain cases of employees falling within the term "employee" as defined under section 2(dd), read with the exhaustive list of employees specified in Schedule-II of the ECA, 1923.
Apart from that, when an accident occurs to an employee defined in a place other than his usual place of employment or at a time outside his normal working hours, the "doctrine of notional extension of time and place of employment" can be applied.
Therefore, when an employee is required or permitted by the employer to work from home and is involved in any employment accident resulting in injury, all the above questions should be answered in his favor.
From India, Salem
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6108The liability for compensation under the Employees' Compensation Act, 1923 towards injuries resulting in partial or permanent disability, thereby reducing the earning capacity or leading to death sustained by employees, can be imposed on the employer. However, this is applicable only in certain cases of employees falling within the term "employee" as defined under section 2(dd), read with the exhaustive list of employees specified in Schedule-II of the ECA, 1923.
Apart from that, when an accident occurs to an employee defined in a place other than his usual place of employment or at a time outside his normal working hours, the "doctrine of notional extension of time and place of employment" can be applied.
Therefore, when an employee is required or permitted by the employer to work from home and is involved in any employment accident resulting in injury, all the above questions should be answered in his favor.
From India, Salem
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To my knowledge, this is an aspect on which the law, as well as judicial pronouncements, has not laid down any principle or precedent. Any such issue, when it arises, will have to be decided based on the facts and circumstances.
If the query has been raised in a specific context, the facts thereof could have been posted lest this would not have been a mere theoretical exercise.
From India, Kochi
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If the query has been raised in a specific context, the facts thereof could have been posted lest this would not have been a mere theoretical exercise.
From India, Kochi
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Thank you Mr. Venu and Mr. Umakanthan for your valuable inputs.
From India, Bangalore
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From India, Bangalore
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Anamika,
What type of accident did you have? Was it during working hours? If you were performing your duty from home, how did the accident occur? The doctrine of the notional extension of time and place of employment will apply to you if you had an accident while going to work from home or returning home after your duty hours.
Regards,
Suresh
From India, Thane
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What type of accident did you have? Was it during working hours? If you were performing your duty from home, how did the accident occur? The doctrine of the notional extension of time and place of employment will apply to you if you had an accident while going to work from home or returning home after your duty hours.
Regards,
Suresh
From India, Thane
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Dear friend,
How could one meet with an accident while at home? This type of accident would not fall under workplace accident, but now the scenario is different. I hope your company has a workers' compensation (WC) policy that would take care of it if the Employees' Compensation (EC) passed an order to pay compensation. Let the employee claim before the EC Commission for compensation.
From India, Mumbai
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How could one meet with an accident while at home? This type of accident would not fall under workplace accident, but now the scenario is different. I hope your company has a workers' compensation (WC) policy that would take care of it if the Employees' Compensation (EC) passed an order to pay compensation. Let the employee claim before the EC Commission for compensation.
From India, Mumbai
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