Is Our Senior Mason Eligible for Workmen's Compensation After His Accident?

I am working in the construction industry. One of our senior masons, while going to the site from his residence, has met with an accident. The accident occurred on the way to the work site. We have taken a workmen's compensation policy under which his name is also enlisted. Kindly let me know whether he is eligible for compensation under the Workmen's Compensation Act. If so, please let me know the procedures to be followed.

With Regards,
Pavithra.R

Worker's Compensation Policy Coverage

Worker's compensation policy covers injuries that occur in the workplace only; incidents outside the work premises are not covered.

With due respect, I would like to differ from your viewpoint. If there is a connection between employment and accidents, then insurance can be claimed under worker's compensation.

If, in the course of his official duty, he met with an accident, then he is eligible for compensation. In case he had not reported for duty at the time of the accident, then he is not eligible for compensation.

Please notify the labor commissioner about the incident and also immediately inform the insurer who will guide you about the further procedure.

Regards,
Shashi S

I too agree with Prashant ji. This case fits into the doctrine of notional extension of employment, which is covered by the WC policy. According to notional extension, the employer is liable to pay compensation for personal injury caused to a workman by an accident occurring beyond his working hours and working place if there is a nexus between the time and place of the accident and the employment. There are many case laws in this respect.

The employee is covered under the Workers' Compensation Act (WCA). There are several judgments on this issue. When the employee is traveling to the place of work, he is eligible for compensation under the WCA. You need to inform the insurance company, referring to the policy number and the employee details of the individual who has met with this accident. Also, confirm that he is your employee and is eligible to claim under this policy. Ensure they process it quickly, as insurance companies are known to delay these matters.

Regards,

Dear All,

Kindly provide more details on the subject with reference to the act and clause. This information will be really helpful in addressing one of the pending issues I have. Looking forward to your help.

Regards,
Subroto Mukherjee