yogendra85
1

Respected Sir, Greetings of the day! I need your help regarding a WC Death claim settlement a few days ago one of my relatives was accidental death while he was going to duty, in that case, his family member eligible to claim settlement? while I inquiry associate employer they inform me that his death not done on the employer's premises so, in that case, I urge you please suggest to me if the employee going for his duty but in between on the way dies accidentally. So, the employer can process his WC claim or not?
From India, Rajkot
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
Suresh2511
Labour Consultant
KK!HR
Management Consultancy
Yogendra85
Assistant Manager - Cs

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umakanthan53
5918

Dear Yogendra,

Death of the employee or sustaining any injury by the employee resulting in permanent or partial permanent disability due to an accident arising out of and in the course of his employment is only covered by the Employees Compensation Act,1923. Strictly speaking, the employer is not liable to pay compensation under the Act for any injury sustained or death caused to an employee due to an accident that happens outside the zone of his employment.

However, under certain circumstances, " the doctrine of notional extension of time and place" would be applicable so as to fasten the employer with the liability to pay compensation under the Act. What this doctrine implies is that there should be a causal connection between the accident and the employment though the accident takes place outside the place of employment and/or out of working hours. To put it simple, when the employee uses the means of access and accede to and from the place of employment and even while attending to his usual pursuits, leisure hours, research time etc., he shall be deemed to be in employment as there exists a causal relationship between the accident and his employment.

In general, when the accident occurs somewhere enroute while coming to the place of employment from his residence before the commencement of the day's work or going to his residence from the place of employment after the close of work, the time and the spot of the accident, distance from the place of employment, means of conveyance etc., play a vital role all put together to apply the notional extension principle.

Therefore, it is better to settle the claim filed by the dependents of the deceased employee after its disposal by the concerned Employees Compensation Commissioner.

From India, Salem
KK!HR
1343

The test is whether the employee was there at the accident spot in discharge of his employment obligations then the claim for employee compensation is liable. If the employee at the time of accident was there like any other person then the compensation is not payable, say a public place where others were also present. The theory of notional extension of employment would apply where the injury was caused while the employee was discharging his employment obligations.
From India, Mumbai
saswatabanerjee
2319

I assume, the employee was not covered by ESIC
Please give further details of the accident.
Specifically whether the mode of transport was mandated by the employer, where it took place. As much details you give, that much more accurate answer you will get from our seniors

From India, Mumbai
yogendra85
1

Dear Umakanthan Sir,

Than you for your valuable input in this regards, it is very helpful for me.

Dear Saswata Banerjee Sir,

As per your input please note that in this location ESIC not applicable only WC is applicable and also inform you that transport facility available by employer in 4-5 km range but it is not available at victim location associate was used his own two wheeler for doing his job.

In this case my main query is that "when employee was going for his duty from his home place to work place but unfortunately in between he got an road accident due to bike sleep and he was lost his life."

As per employee compensation act 1923 his family member eligible for death claim or not ?

When I inquiry with his employer they inform me that accident not done in employer premises hence they will not initiate his claim but meanwhile I also inquiry with my senior HR person for this case they informed me as per Employee Compensation act 1923 if Employee was going for his job from Home place to work place or employee going his workplace to home place in between any incident done then his family member are eligible for death claim benefit.

My intention is clear if this case covered under Employee Compensation than I help to his family member for settled his WC claim.

I hearty thanks to all member who suggest their valuable input in this regards,

From India, Rajkot
saswatabanerjee
2319

Dear Yogendra

Strictly speaking, under the act, your friend's family is not eligible
Because travel from home to office is not in the course of employment. The Employment will start when he reaches the place of work.

However, the courts have been known to take a sympathetic view and sometimes give an order in favour of the employee. Therefore, you should first make an application to the labour commissioner. If he refuses it, then consider taking the help of a lawyer

From India, Mumbai
suresh2511
239

Dear Yogendra Jee,

Your relative may get compensation under WC/EC insurance Policy provided the followings criteria fulfilled.
1. The Employer should have obtained WC Policy, which was valid at the date & time of the accident.
2. The Employer should have intimated to the Insurance company about the accident and should have registered the claim within a reasonable time.
3. The commuting route from his residence to the workplace must be common (no diversions)
4. The timings of starting from his home to the workplace to report his duty at a scheduled time should match with a normal speed of the vehicle (duration). Abnormal timings are not taken into account.
5. Post mortem report should not state that the deceased had consumed alcohol and or drunk.

Seniors have already advised you in detail especially Umakanthan Jee about the court ruling under certain circumstances, " the doctrine of notional extension of time and place".

Suresh

From India, Thane
yogendra85
1

Dear Respectes Seniors,

As per my earlier post all senior members shared valuable input to me and according, I put mail to employer and finally they started process of EC/WC claims (earlier employer not considered this case under WC policy ) most of documentation done but I have one doubts in muster register associate death on 30th June 2021 while he was going for his regular day shift duty but unfortunately on the way he got an accident and due to this incident he was no more in that case employer mark his "Absent " on that day. it will any hurdle face for claim settlement due to absent mark in muster register ? please guide me.

Also suggest me in case of death what attendance mark in attendance register ? "A", "P" or any other

Please share your valuable inputs in this regards so, associates WC claim process without any hurdles .

From India, Rajkot
Ramesh V Rathod
1

Hi Yogendrabhai
Marking absent on the day of accident is very natural, because employee was not able to attend the duty. It will not have any impact on the claim. Marking present, absent or leave doesn't have relationship with claim settlement. One has to justify he intended to travel to duty on that day and doctrine of notional extension of time of place should be aligned, as specified by other senior in this thread.

Regards
Ramesh Rathod

From India, Gandhidham
umakanthan53
5918

Dear Yogendra,

I think you are getting overwhelmed with trivial questions , perhaps because of your anxiety. It is not that the principle of notional extension of time and place would be squarely applicable to all cases of employment accidents. The existence of factors like time and place of accident, the nature of accident causing grievous injuries or death, the way by which it can be rationally connected with the employment of the victim - all these have to work in tandem to apply the principle.

From India, Salem

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