Umakanthan53
Labour Law & Hr Consultant
Pvenu1953@gmail.com
Retired Government Servant/advocate
Suresh2511
Labour Consultant

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Is employer liable for any minor/major accidents during work from home in the IT industry?
Dear friend,
The liability for compensation under the Employees Compensation Act, 1923 towards injuries resulting in partial or permanent disability so as to reduce the earning capacity or death sustained by employees can be fastened upon the employer, not in all cases, but only in certain cases of employees falling within the term "employee" as defined u/s 2(dd) read with the exhaustive list of employees specified in Schedule-II of the ECA, 1923. That apart, when an accident happens to an employee so defined in a place other than his usual place of employment as well as at a particular time which falls outside his normal working hours, " the doctrine of notional extension of time and place of employment " should be possible to be applied.
Therefore, when an employee is required or permitted by his employer to work from home and involves himself in any employment accident resulting in injury, all the above questions should be answered in his favour.

To my knowledge, this is an aspect on which law as well as the judicial pronouncements has not laid down any principle or precedent. Any such issue, as when arises, will have have to be decided based on the facts and circumstances.
If the query has been raised in a specific context, the facts thereof could have been posted lest this would not have been a mere theoretical exercise.

Thank you Mr. Venu and Mr. Umakanthan for your valuable inputs.
Anamika,

What type of accident you met? Was it during working hours? If you were performing your duty from home how does accident occurred?
The doctrine of notional extension of time and place of employment will apply you subject to you met with an accident while going to work from home or returning home after performing your duty hours.

Regards,

Suresh

Dear friend,

How one could met with accident while at home? This type of accident would not fall under work place accident but now the scenario is different. I hope your company should have the WC policy and that would take care, if EC passed an order to pay compensation. Let the employee to claim before the EC Commission for compensation.

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