Umakanthan53
Labour Law & Hr Consultant
+1 Other

Dear All,

Could you please help on this.

A) Does the employer will be liable for payment of compensation under the Workmen's Compensation Act under below circumstances ?

1. if the workman/employee meets with an accident outside premises of company during outdoor duty.

a. during official hours ? Y/N

b. after/before official hours?

2. if the workman/employee meets with an accident while travelling for official work to another state and meets with an accident

a. during official hours ? Y/N

b. after/before official hours?Y/N

3. workman/employee meets with an accident while coming to office- Y/N

4. workman/employee meets with an accident after office hours.- Y/N

B) Employee covered by wc insurance policy where along with WC 1923, common law 1855 & fatal accident also provided by insurer

1. in case of death can employee/workman claim under WC 1923 & also under fatal accident ? Y/N

does the compensation amount would be same under both the cases ? how the claim amount calculated under fatal accident ?

2. in case of accident can employee/workman claim under WC 1923 & also under common law ? Y/N

does the compensation amount would be same under both the cases ? how the claim amount calculated in common law ?

Apart from this if anyone have calculator to calculate claim amount under WC pls share.

i will appreciate any help on this.
22nd December 2013 From India, Thana
Dear Mahesh,

Part A of your question, as it is, relates to the theory of notional extension of employment in terms of time and space.An accident to be an 'employment accident' should have the following ingredients - (1) the victim should be an employee as defined under the EC Act,1923 and (2) the accident should have arisen out of and in the course of his employment.To determine whether an accident arose out of employment, as you are well aware, there should be a CAUSAL connection between the accident and employment. Whether the accident was in the course of employment can be determined only with reference to the time and place of occurence of the accident. Normally, 'the time of occurrence' woiuld mean the exact point of time within the stretch of the employee's actual working hours;' the place of occurrence' would mean the actual place of employment whether within the employer's premises or outside depending upon the employment nature.However, in some types of employments and in a peculiar circumstance if any, in every employment, the time and place can not be fixed with mathematical precision; on the other hand they have to be notionally extended taking into consideration of the circumstances of the given case so as to make the ends of justice meet.The theory of notional extension of time and place, therefore, covers some extended areas in some special cases but that would depend upon the facts of each case and more so if a connection between the employment and the accident is established Hope, now, you can cull out the answers yourself for the queries in part A..

The introductory portion of part B seems a little bit cofusing to me.Do you mean that the WC Policy simultaneously covers the risks under Common Law1855(?) and Fatal Accident? Alternative remedy is provided for u/s 3(5) of the EC Act,1923 but not under both.
4th January 2014 From India, Salem
Thank u for your reply !
"notional extension" is this amendmend in the Workmen's Compensation Act, 1923 ?
WC policy provides cover for any insured employee who may sustain personal injury by accident or disease arising out of and in the course of his employment.
The company will indemnify the insured against all sums for which the insured is held liable to pay to his employees
under
1. Workmen's Compensation Act, 1923,
2. the Fatal Accidents Act 1855
3. and at Common Law
5th January 2014 From India, Thana
Dear Mahesh,
(1)"Notional extension of employment" is a theory propounded by the higher Courts with ref to the time and place of occurrence of employment accidents in order to fix the liability of
employers.
(2) A single insurance policy would not cover the liability arising out of same cause of action under more than one Insurance Law simultaneously I think. Seniors well-versed in
Insurance Laws may, please throw more light.
6th January 2014 From India, Salem
Sir,
I was recruited by state road transport corporation and was deputed to basic police training at police academy by Corporation's state training academy
i had an injury while doing training at police academy, initially i thought the injury was normal and would be cured in a week or two but the pain continued for a month, meanwhile my training was completed and My initial posting was given at an office, after which I went to Corporation's hospital on one day , where the doctor said that I should undergo surgery Hence I was on Sick for 3 months and undergone surgery, thereafter I re-joined duty and came to know about WCA act, Hence sent a letter to State Police academy requesting them to issue a certificate of Genuineness of injury.
I now have the letter sent by police academy. So I request you to suggest me a solution as how to claim WCA. and to get my 3 months salary
ajay.maryala@gmail.com
29th May 2015 From India, Hyderabad
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