kumaracme
417

Whether the death of an employee caused due to stress from work can be considered to be death of an employee due to injury by accident arising out of and in the course of employment?
From India, New Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
Drsivaglobalhr
Doctor Siva Global Hr
Pvenu1953@gmail.com
Retired Government Servant/advocate
KK!HR
Management Consultancy

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KK!HR
1367

I attach reference to the Madras High Court decision which is pretty clear on the applicability of the matter. Each case needs to be examined carefully based on the legal principles enumerated
From India, Mumbai

Attached Files (Download Requires Membership)
File Type: docx Madras High Court on EC Act.docx (34.0 KB, 37 views)

drsivaglobalhr
300

Dear Colleague,
A very good case law referred by our Colleague. A good reading.

The prime factor in such cases under Workmen Compensation or under ESI are determined based an a detailed analysis of each case including " nature of job or work, " connection between such incident and work" whether attributed due to work, general health condition of the employee, nexus between such incident and work on the day of incident, medical reports and evidences of the case, facts furnished by both sides and so on .

This subject can not be generalized and decided but each case will have its own merit or demerit and can only be decided from Medical angle and Legal angle by experts/ Legal forums

From India, Chennai
pvenu1953@gmail.com
115

Facts posted are inchoate. The question is whether the death had caused in the course of employment.
From India, Kochi
saswatabanerjee
2355

Before someone can give the proper answer, you need to tell us the purpose behind the question.

Are you asking for the purpose of filing an application to ESIC?
Or is it for computing compensation under Employee Compensation Act?
Or for any other reason.

From India, Mumbai

If you are knowledgeable about any fact, resource or experience related to this topic - please add your views.







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