Subrotohradmin
Hr & Admin
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Pon1965
Construction
Employment Lawyer
Lawyer & Consultant
Adshashi
Self Employed

Thread Started by #pavithra_minchu80@yahoo.in

Dear All,
As am working in construction industry . One of our Senior Mason while going to the site from his residence has met with an accident.The accident occured on the way to Work Site.We have taken workmen compensation policy under which his name is also enlisted, Kindly let me know whether he is Eligible for Compensation under Workmen Compensation Act. If So please let me know the procedures to be followed.
With Regards
Pavithra.R
23rd August 2013 From India, Bangalore
Workman compensation policy covers in work place only. Outside the work premises is not covered. Pon
23rd August 2013 From India, Lucknow
Dear Pon Sir, With due respect to you I would like to differ from your viewpoint if there is connection between employment & accident then insurance can be claimed under WC.
23rd August 2013 From India, Pune
Madam,
If in the course of his official duty, met with accident, then he is eligible for compensation. In case if had not reported for the duty at the time of accident , then he is not eligible for the compensation
Please notify the labour commissioner about the incident and also immediately inform the Insurer who will guide about the further procedure.
Shashi S
24th August 2013 From India, Mumbai
Dear Pavithra ji,
I too agree with Prashant ji,
This case is fitting in to the doctrine of notional extension of employment. The notional extension of employment is covered by WC policy.
According to notional extension, the employer is liable to pay compensation for personal injury caused to a workman by accident occurring beyond his working hours & working place if there is nexus between the time & place of accident and the employment.
There are many case laws in this respect.
24th August 2013 From India, Mumbai
Dear Pavithra,
The employee is covered under the WCA, there are several judgments on this issue, when the employee is traveling to the place of work he is eligible for compensation under WCA. You need to inform the insurance company referring to the policy number and the employee details who has met with this accident and his details immediately. You also need to inform that he is your employee and that he is eligible to claim under this policy. Make sure they process it fast as the insurance companies are know to drag their feet on these issues.
Regards,
24th August 2013 From India, Chennai
Dear All,
Kindly give more details on the subject with ref of act and clause.
The same will be really help ful to take up one of issue pending with me .
Looking forward your help
Rgds
Subroto Mukherjee
29th August 2013 From India, Mumbai
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