Dear Seniors,
If the workman meets with an accident outside the premises of the company during outdoor duty under the influence of the drug/alcohol.
If the said worker is died in the same accident then is employer is liable to pay Compensation under Workmen Comensation Act, 1923??
Thanks in advance.!!!

From India, Pune
Raj Kumar Hansdah

Dear prashant1314
NO, under the conditions cited by you; the employer is NOT liable.
As per Employee Compensation Act 1923 (amended); under Sec. 3 b. : "(b) in respect of any injury, not resulting in death or permanent total disablement, caused by an accident which is directly attributable to - (i) the workman having been at the time thereof under the influence of drink or drugs,"
However, do you have any idea what good, benevolent companies and their management do ??
You would be surprised to know that certain companies go to any length to ensure that the surviving family and dependents of the deceased worker (who died due to his own mistake of consuming drug/alcohol); do not suffer.
Therefore, even if such is the case; they do not contest this fact; and willingly give compensation; so that the family of the worker do not face starvation or hardship !!
Warm regards.

From India, Delhi
Dear All,
If any person covered under ESIC is eligiable to cover under WC, or is there any specfic area where you are not cover under ESIC and you have to take WC policy...if so pls give the area name..

From India, Mumbai
Industrial Relations

Dear Prashant
If a person met with an accident while on Duty after intoxication, outside the premises, we can give treatment and deduct the bill amount from his wages and f&f benefits.
If a person died in an accident, here whatever the wrong with the worker will go off, only humane will only take lead, hence normally the company will not disclose the intoxication and made it as road accident while on duty and claim and settle the Workmen compensation amount to the family of deceased. You must have the record for his on duty outside the premises.
With warm regards
S. Bhaskar

From India, Kumbakonam
Rajendra Bhavsar
Senior Manager (Personnel & Administration)

Dear Prashant
As per WC Act if the workman dies in accident even if he was under the influence of drug/alcohol the employer is liable to pay compensation. In the case referred by you if the worker was on outdoor duty and he died in the accident and was under the influence of drug/alcohol the co. is liable to pay the compensation.
Rajendra Bhavsar
Manager(HR & Adm.)
Ashoka Buildcon Ltd.

From India, Mumbai
Labour Laws & IR

Dear Prashant,
I am also of the same opinion as provided by Mr.Rajendra Bhavsar.In my opinion keeping in view section 3(b) of Employees Compensation Act, 1923 we are not to see any negligence as this is a case of death while on duty. In these circumstances the company is liable to pay compensation under this Act if the employee was not covered under the ESI Act, 1948.
Opinion/comments submitted as requested.
With Regards,

From India, Delhi
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