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The issue whether employer is liable to pay compensation in case of a death or permanent disablement while travelling from home to factory or vice versa is decided finally.

An accident is an event happening externally to a man. In order to prove liability of employer there has to be a relation between the accident and the employment. The employer is responsible if and when the accident occurs during the course of employment. In order to prove that the injury has arisen out of and in the course of employment two conditions shall have to be fulfilled. These conditions may be in the course of employment or out of employment. The accident has to have direct or indirect bearings on employment and therefore the accident should arise out of the employment.

The summary of various judgements on the subject states that the following are the principles that are needed to be considered. The principles are –

There must be causal connection between the injury and the accident and the accident and the work done in the course of employment.

The onus is upon the applicant to show that it was the work and the resulting strain which contributed to or aggravated the injury....

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From India, Pune
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From India, Pune
I once again state that notional extension theory will apply in such cases. The amendments to ESI Act in 2010 also included this notional extension. Similarly, there are cases in which the Courts have decided that accidents occurring while commuting to and from the office are accidents during the course of employment provided the place and time of accident equate. Please refer to Tamil Nadu State Road Corporation Ltd Vs Smt. Sivakumari & Ors [LLN(1) 2010 (P) 414 (Madras HC)]

From India, Kannur
Dear Sir,
I'm 62 Years Old. My son was a sales officer in a MNC company, he got injured in an accident while returning to his Hq after working to Ex station. He remains in ICU for 21 days and died on 2nd of aug 2011 . Company says that he has settle his account by collecting and paying personal, group and mediclaim Insurance amount. where as amount paid as Insurgences and mediclaim was also insufficient to actual expenses incurred during treatment. the family was totaly depended on him. Now i am suffering.
Please suggest me a appropriate action i should take in the realm of provision under compensation Act to claim for appropriate compensation.
Please respond to it.

From India, Kolkata
Our condolences
I would suggest you that you should file a compliant before the Workmen Compensation Commissioner wit relevant details such as name of the employee, establishment, age of the deceased, salary etc. From your post it is not clear whether the policy was purely mediclaim or policy under the Workmen's Compensation Act. Any way, the matter will be decided by the Commissioner after hearing the employer.

From India, Kannur
Sir, I first want to write a letter to the employer demanding for compantation under provision of act. So please guide me in this.
From India, Kolkata
Yes, you need to demand payment of compensation from the employer before approaching the EC Commissioner. This is a requirement under Section 10 of the Employees' Compensation Act 1923. The notice shall state the name and address of the person injured, the cause of injury, date on which the accident happened and it shall be served either by registered post or personal delivery at the office or residence or place of business.

From India, Bhopal
This depends upon situation and it varies case to case. Whenever any accidents occurs in any industry, some of the questions arises and on the basis of those question we have to proceed. First of all it is very clear that a HR personnel must have the knowledge of two acts first is Compensation act and second is ESI act.

From India, Jabalpur
Dear Friends,
I'm working with an IT organization. I wanted to ask a question.
If an employee gets injured during working hours in office premises, is the employer liable to pay the medical expenses for the same.
Also, what about the leaves which are taken on those days by the employee for rest (as the same is said by doctor), if there is no provision for sick leave??
There is only CL ( 8 ) & PL (21) available for the employee.
Kindly help me out for the same ASAP. Would also like to know if there is a law for the same or anything in writing from government.
P.S. As far as my knowledge goes & what I have heard from my friends, employer is to bear the medical expenses & the leaves are paid leaves, which are not deducted from CL or PL.

From India, Bangalore
The employer is liable to bear the medical expenses and allow him leave with pay without deducting it from the leave to his credit. Madhu.T.K
From India, Kannur

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