Whether the death of an employee caused due to stress from work can be considered to be death of an employee due to injury by accident arising out of and in the course of employment?
From India, New Delhi
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450From India, New Delhi
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I attach reference to the Madras High Court decision which is pretty clear on the applicability of the matter. Each case needs to be examined carefully based on the legal principles enumerated
From India, Mumbai
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From India, Mumbai
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Dear Colleague,
A very good case law was referred to by our colleague. A good reading.
The prime factors in such cases under Workmen Compensation or under ESI are determined based on a detailed analysis of each case, including the "nature of job or work," connection between such incident and work, whether attributed due to work, the general health condition of the employee, the nexus between such incident and work on the day of the incident, medical reports and evidences of the case, facts furnished by both sides, and so on.
This subject cannot be generalized and decided upon; each case will have its own merit or demerit and can only be decided from a medical angle and legal angle by experts/legal forums.
From India, Chennai
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A very good case law was referred to by our colleague. A good reading.
The prime factors in such cases under Workmen Compensation or under ESI are determined based on a detailed analysis of each case, including the "nature of job or work," connection between such incident and work, whether attributed due to work, the general health condition of the employee, the nexus between such incident and work on the day of the incident, medical reports and evidences of the case, facts furnished by both sides, and so on.
This subject cannot be generalized and decided upon; each case will have its own merit or demerit and can only be decided from a medical angle and legal angle by experts/legal forums.
From India, Chennai
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Facts posted are inchoate. The question is whether the death had caused in the course of employment.
From India, Kochi
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From India, Kochi
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Before someone can provide the correct answer, you need to inform us of the purpose behind the question.
Are you inquiring about the purpose of filing an application to ESIC? Or is it related to computing compensation under the Employee Compensation Act? Or is it for some other reason.
From India, Mumbai
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Are you inquiring about the purpose of filing an application to ESIC? Or is it related to computing compensation under the Employee Compensation Act? Or is it for some other reason.
From India, Mumbai
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