Workers' Compensation for Commute Injuries: Are Employees Covered on Their Way Home?

Workers' Compensation for Commute

The journey from home to the workplace or from the workplace to home is covered under workers' compensation or not. A workman was injured near his home when he was returning home after completing his duty. Now, his dependents are claiming workers' compensation. Can anybody guide me?

Regards,
Mukesh Kumar Saini

There is a judgment on this type of case. A person coming towards the working spot, within 2 KM away, was killed. The claim was allowed for that case. I am searching for a few judgments in line with this case. I will post them once I get them.

Regards,
S. Sethupathy

I am enclosing a few copies of the judgments on the topics under the Employee's Compensation Act (previously known as the Workmen's Compensation Act). Please go through them and share your thoughts.

Regards,
S. Sethupathy

On that day, a worker was shot near his home, 22 km away from the factory. The police report states that it was a murder. The insurance company also confirms that it was murder. Now, his dependents are claiming workers' compensation. Please guide me.

Thank you.

Regards,

22 km away from the factory but not yet reached his home, he was coming from his workplace after completing his work. I don't know if any such claim was approved under workers' compensation. Let us invite Mr. T.K. Madhu and other members to debate on this issue.

Regards,
S. Sethupathy
Erode

The employee who met with an accident while coming to the workplace or going home after finishing his job is covered by the E.S.I. Act and will receive all benefits. Due to a change in the scenario, the judgment of the Honorable Apex Court in the case of ESIC vs. Francis De Costa has been modified, and now the ESI Act has been amended to cover notional employment. Therefore, the worker who met with an accident on the way is entitled to all compensation under the ESI Act. If the Act is not applicable to the factory, then they will be entitled to workers' compensation.

Regards,
Sanagapalli VR
Asst. Director (Retd)
E S I Corporation