Asking for help to provide a copy of the judgment where compensation is allowed by the High Court/Supreme Court in the case of an accident during the course of employment. An employee, while coming to the factory from the normal route of residence to the factory, met with a road accident (hit by a tractor trolley) and remained hospitalized for 45 days. Will the employee get temporary disablement amount for the days of accidental absence?
As per the Workers' Compensation Act, the employee is eligible for a temporary disablement amount for the number of days absent. Please provide supporting documents to obtain benefits from the insurance company, as they are denying this benefit on the pretext that it does not fall under employment. Please support with a judgment.
From India, Rewari
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1As per the Workers' Compensation Act, the employee is eligible for a temporary disablement amount for the number of days absent. Please provide supporting documents to obtain benefits from the insurance company, as they are denying this benefit on the pretext that it does not fall under employment. Please support with a judgment.
From India, Rewari
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Normally, when notional extension theory is satisfied, you should receive compensation. It is not the insurance company that decides whether to pay or not, but the authority to decide such cases is the Workmen Compensation Commission. Therefore, approach the Workmen Compensation Commission and lodge a complaint for the same. Please ensure that the time and place of the accident should match with the normal time and the route that you travel to come to work.
From India, Kannur
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From India, Kannur
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In my opinion, the theory of notional extension may not be applicable in this case. This is because it depends on the geographical location of your factory and the route should be exclusively used to access your factory only.
Hence, your case may not be considered favorably by the WC commissioner. Nevertheless, making a representation to the WC Commissioner will be worth trying.
Regards,
MVK
From India, Madras
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Hence, your case may not be considered favorably by the WC commissioner. Nevertheless, making a representation to the WC Commissioner will be worth trying.
Regards,
MVK
From India, Madras
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Notional Extension will apply when the accident takes place in the same route along which the employee travels to the factory and back home and during the same time when he normally travels for work and from work.
Therefore, if the spot where the accident has taken place is on the same route, and if the time of the accident is within the same time he usually passes through, then the notional extension will apply and the compensation, as applicable, will have to be paid.
From India, Kannur
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Therefore, if the spot where the accident has taken place is on the same route, and if the time of the accident is within the same time he usually passes through, then the notional extension will apply and the compensation, as applicable, will have to be paid.
From India, Kannur
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I disagree with Mr. Madhu in this case. Notional extension doctrine is accepted in ESIC but not under WC act. There have been cases under it.
The main thing here (it seems from the post, but not clarified) is that the company has a WC Insurance policy and the insurance denied the claim. The company wants to pay, but the insurance refused it.
So, first, someone needs to study the insurance policy and the terms under it. It probably has a specific clause on what constitutes employment injury. If the term is covered, and the insurance company refuses to pay, then the company needs to file a complaint under IRDA, Consumer Protection Act, etc. They can also help the employee file a claim before the Motor Insurance Tribunal for the accident as it involved a motor vehicle and he would be covered under third-party liability.
However, the employee was out of duty for only 1 1/2 months. I think the company can pay his salary on humanitarian grounds. I don't think it makes a serious dent in the company's cash flow.
Incidentally, when we renewed our WC policy this year, we paid a premium almost double of our earlier policy because it covered accident and Mediclaim so that such a gap is avoided.
From India, Mumbai
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The main thing here (it seems from the post, but not clarified) is that the company has a WC Insurance policy and the insurance denied the claim. The company wants to pay, but the insurance refused it.
So, first, someone needs to study the insurance policy and the terms under it. It probably has a specific clause on what constitutes employment injury. If the term is covered, and the insurance company refuses to pay, then the company needs to file a complaint under IRDA, Consumer Protection Act, etc. They can also help the employee file a claim before the Motor Insurance Tribunal for the accident as it involved a motor vehicle and he would be covered under third-party liability.
However, the employee was out of duty for only 1 1/2 months. I think the company can pay his salary on humanitarian grounds. I don't think it makes a serious dent in the company's cash flow.
Incidentally, when we renewed our WC policy this year, we paid a premium almost double of our earlier policy because it covered accident and Mediclaim so that such a gap is avoided.
From India, Mumbai
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Saswataji, please share verdicts that state that notional extension applies only to ESI and not for workmen's compensation. In my understanding, the Workmen (Employees) Compensation Act is the primary legislation concerning accidents during and in connection with employment, and the role of ESIC is only to cover such accidents by collecting premiums through contributions. ESIC will accept notional extension because it is there under the Employees' Compensation Act.
From India, Kannur
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From India, Kannur
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