The issue whether employer is liable to pay compensation in case of a death or permanent disablement while travelling from home to factory or vice versa is decided finally.
An accident is an event happening externally to a man. In order to prove liability of employer there has to be a relation between the accident and the employment. The employer is responsible if and when the accident occurs during the course of employment. In order to prove that the injury has arisen out of and in the course of employment two conditions shall have to be fulfilled. These conditions may be in the course of employment or out of employment. The accident has to have direct or indirect bearings on employment and therefore the accident should arise out of the employment.
The summary of various judgements on the subject states that the following are the principles that are needed to be considered. The principles are –
There must be causal connection between the injury and the accident and the accident and the work done in the course of employment.
The onus is upon the applicant to show that it was the work and the resulting strain which contributed to or aggravated the injury....
For more see Asklabourproblem.info.
Regards
An accident is an event happening externally to a man. In order to prove liability of employer there has to be a relation between the accident and the employment. The employer is responsible if and when the accident occurs during the course of employment. In order to prove that the injury has arisen out of and in the course of employment two conditions shall have to be fulfilled. These conditions may be in the course of employment or out of employment. The accident has to have direct or indirect bearings on employment and therefore the accident should arise out of the employment.
The summary of various judgements on the subject states that the following are the principles that are needed to be considered. The principles are –
There must be causal connection between the injury and the accident and the accident and the work done in the course of employment.
The onus is upon the applicant to show that it was the work and the resulting strain which contributed to or aggravated the injury....
For more see Asklabourproblem.info.
Regards