Workmen's Compensation Act 1923: Is Employer Liable for Accidents Under Drug Influence?

Dear Seniors,

If the workman meets with an accident outside the premises of the company during outdoor duty under the influence of drugs or alcohol, and the worker dies in the same accident, is the employer liable to pay compensation under the Workmen's Compensation Act, 1923?

Thanks in advance!

Dear prashant1314,

NO, under the conditions cited by you, the employer is NOT liable. As per the Employee Compensation Act 1923 (amended) under Sec. 3 b: "(b) in respect of any injury, not resulting in death or permanent total disablement, caused by an accident which is directly attributable to - (i) the workman having been at the time thereof under the influence of drink or drugs,"

However, do you have any idea what good, benevolent companies and their management do? You would be surprised to know that certain companies go to any length to ensure that the surviving family and dependents of the deceased worker (who died due to his own mistake of consuming drugs/alcohol) do not suffer. Therefore, even if such is the case, they do not contest this fact and willingly give compensation so that the family of the worker does not face starvation or hardship!

Warm regards.

If any person covered under ESIC is eligible to be covered under WC, or is there any specific area where you are not covered under ESIC and you have to take a WC policy? If so, please provide the area name.

Regards,
Sanjeev

Dear Prashant,

If a person meets with an accident while on duty after intoxication, outside the premises, we can provide treatment and deduct the bill amount from their wages and final settlement benefits. If a person dies in an accident, here, whatever was wrong with the worker will be disregarded, and only humanity will take the lead. Therefore, the company will typically not disclose the intoxication issue and will portray it as a road accident that occurred while on duty. The company will then claim and settle the Workers' Compensation amount with the family of the deceased. It is essential to have a record of the incident occurring while on duty but outside the premises.

With warm regards,

S. Bhaskar
9099024667

Dear Prashant,

As per the WC Act, if the workman dies in an accident even if he was under the influence of drugs/alcohol, the employer is liable to pay compensation. In the case referred to by you, if the worker was on outdoor duty, died in the accident, and was under the influence of drugs/alcohol, the company is liable to pay the compensation.

Regards,
Rajendra Bhavsar
Manager (HR & Adm.)
Ashoka Buildcon Ltd.
09926999005

Dear Prashant,

I am also of the same opinion as provided by Mr. Rajendra Bhavsar. In my opinion, keeping in view section 3(b) of the Employees' Compensation Act, 1923, we are not to see any negligence as this is a case of death while on duty. In these circumstances, the company is liable to pay compensation under this Act if the employee was not covered under the ESI Act, 1948.

Opinion/comments submitted as requested.

With Regards,
R.N. Khola