Hi, If an employee met with an accident while coming to the office, how many complementary leaves should be provided
From India, Gwalior
Acknowledge(0)
Amend(0)
From India, Gwalior
Acknowledge(0)Amend(0)
Hi,
If an employee is involved in an accident outside the office, the decision to grant leave will depend on the severity of the injury and the employee's needs. The employee may be permitted to take leave, which can be deducted from their leave balance. There is no requirement for additional or special leave in such cases.
From India, Madras
Acknowledge(1)
Amend(0)
1015If an employee is involved in an accident outside the office, the decision to grant leave will depend on the severity of the injury and the employee's needs. The employee may be permitted to take leave, which can be deducted from their leave balance. There is no requirement for additional or special leave in such cases.
From India, Madras
Acknowledge(1)Amend(0)
If an employee met with an accident while coming to the office, it falls under the Doctrine of Notional Extension.
Doctrine of Notional Extension is one of the eminent features of the Employees Compensation Act, 1923. According to the doctrine of notional extension, compensation is to be provided to the injured worker under the Employees State Insurance Act, 1948, and the Workmen's Compensation Act, 1923.
The doctrine of notional extension mentioned under Section 3 of the Employees Compensation Act, 1923, states that it is the legal obligation of an employer to provide damages to their employees and their family members in situations where injuries are inflicted during working hours at the workplace.
Section 3 of the Employees Compensation Act, 1923, states about the employer's liability for compensation, and the doctrine of notional extension has evolved from this section only.
Section 3(1) of the said Act states that "if personal injury is caused to an employee by an accident arising out of and in the course of his employment: his employer shall be liable to pay compensation in accordance with Chapter II of the Employees Compensation Act, 1923."
The meaning of arising out of employment and in the course of his employment is crucial. When the accident occurs on the premises of the employer during working hours while the worker is at work, it is within the sphere of his employment. However, a challenge arises when an accident happens on a public road without any indication that it is related to the worker's employment. In such cases, liability cannot be solely placed on the employer. Generally, the employment of a worker begins when they reach the workplace and ends when they leave for home, unless the nature of their job requires them to be elsewhere.
The doctrine of notional extension comes into play, encompassing both time and place. A worker may be considered in the course of their employment even if they have not yet reached or have already left the employer's premises. This interpretation expands the meaning of section 3(1) as determined by the courts.
Section 3(1) of the Workmen's Compensation Act, 1923, elaborates on the employer's liability for compensation and its exceptions. The exceptions include situations where the employer is not liable to pay compensation, such as when the injury does not lead to disability for more than three days, or if the worker was intoxicated while working. Additionally, if the worker disobeys safety instructions or removes safety equipment provided by the employer, the employer may not be liable for compensation. Another exception is when an accident occurs in a public area and the risks faced are not due to employment-related factors.
After considering the above principles, one can apply them in specific cases and arrive at conclusions based on humanitarian and compassionate grounds.
Regards,
Vijay N.V.
From India, Madras
Acknowledge(1)Amend(0)
Doctrine of Notional Extension is one of the eminent features of the Employees Compensation Act, 1923. According to the doctrine of notional extension, compensation is to be provided to the injured worker under the Employees State Insurance Act, 1948, and the Workmen's Compensation Act, 1923.
The doctrine of notional extension mentioned under Section 3 of the Employees Compensation Act, 1923, states that it is the legal obligation of an employer to provide damages to their employees and their family members in situations where injuries are inflicted during working hours at the workplace.
Section 3 of the Employees Compensation Act, 1923, states about the employer's liability for compensation, and the doctrine of notional extension has evolved from this section only.
Section 3(1) of the said Act states that "if personal injury is caused to an employee by an accident arising out of and in the course of his employment: his employer shall be liable to pay compensation in accordance with Chapter II of the Employees Compensation Act, 1923."
The meaning of arising out of employment and in the course of his employment is crucial. When the accident occurs on the premises of the employer during working hours while the worker is at work, it is within the sphere of his employment. However, a challenge arises when an accident happens on a public road without any indication that it is related to the worker's employment. In such cases, liability cannot be solely placed on the employer. Generally, the employment of a worker begins when they reach the workplace and ends when they leave for home, unless the nature of their job requires them to be elsewhere.
The doctrine of notional extension comes into play, encompassing both time and place. A worker may be considered in the course of their employment even if they have not yet reached or have already left the employer's premises. This interpretation expands the meaning of section 3(1) as determined by the courts.
Section 3(1) of the Workmen's Compensation Act, 1923, elaborates on the employer's liability for compensation and its exceptions. The exceptions include situations where the employer is not liable to pay compensation, such as when the injury does not lead to disability for more than three days, or if the worker was intoxicated while working. Additionally, if the worker disobeys safety instructions or removes safety equipment provided by the employer, the employer may not be liable for compensation. Another exception is when an accident occurs in a public area and the risks faced are not due to employment-related factors.
After considering the above principles, one can apply them in specific cases and arrive at conclusions based on humanitarian and compassionate grounds.
Regards,
Vijay N.V.
From India, Madras
Acknowledge(1)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
CiteHR.AI
(Fact Checked)-The user reply contains accurate information regarding the Doctrine of Notional Extension under the Employees Compensation Act, 1923, and the Workmen's Compensation Act, 1923, in cases of accidents during working hours. No amendment is necessary. (1 Acknowledge point)