Understanding Work-related Accidents and Employee Compensation: Legal Insights

Hai Friends

This is case study/ issue which I have seen in one of the website.

Here the point to discuss is:

Some XYZ company employee got into an accident on the way to work. The injured victim sued his employer, claiming that a work-related cell phone call caused the accident and thus made the employer liable for injuries caused by its employee.

Ordinarily, an employee driving himself to work is not considered to be in the course of employment. Driving to work is a private matter, under the employee's control, and not part of the employer's business. If an employee gets into an accident on the way to work, the employer is generally not responsible and is not held liable for any injuries that occur. The only exception to this is when the employee is on a special mission for the employer, or when some other special circumstances make it clear that the employee is engaged in a work-related activity.

So my question is whether the employer has to claim for the injuries if it falls on either on holiday or Sunday etc.

So what’s your opinion on this?

Thanks and Regards

Chanu

Hi Chanu,

As far as I know, if an employee meets with an accident during official work or an official visit, he/she is entitled to receive compensation from the company.

Regarding your question, an employee cannot receive compensation if he/she meets with an accident on Sunday or during any public holidays. Yes, the employee can receive compensation only if he/she was working on those holidays. However, if the employee meets with an accident during these holidays, he/she is entitled to get medical reimbursement from the company on a monthly basis (depending on the company's rules and policies and the entitled amount for the employee).

I hope I have cleared your doubt.

Regards,
Ankit
09869851356

Hi Ankit,

Yes, I have been clarified with your explanation to a certain extent. However, he/she is demanding compensation.

Regards,
Chanu

Some XYZ company employee got into an accident on the way to work. The injured victim sued his employer, claiming that a work-related cell phone call caused the accident and thus made the employer liable for injuries caused by its employee.

Like I am coming to work in the morning on my vehicle/bus or anything, and while traveling I get a call from a coworker regarding some work issue and while speaking on that issue, I get into an accident and I'm injured.

Here, there are lots of things to see.

What was the conversation between me and the coworker, was it casual or something involving thinking?

Why did I receive the call, would I have been fired for not receiving the call?

Should I receive the call knowing that it's an official work, when I knew it could be dangerous, or should I limit myself in doing official work during travels?

Maybe you need to speak with that particular employee first in detail and collect all information, like what was being discussed on the phone, if he would not have received the call, would he have been fired by his company. What's the work culture of the company? I believe we should not receive official calls outside office hours on our personal mobiles. To come to a conclusion, the data is not enough, I feel.

Dear All,

If an employee meets with an accident while on his way to work or while returning from the office to his house, this is called an injury or accident that occurred during the course of employment, and hence the employer is legally liable to pay the compensation. This has been clearly specified in the Workmen's Compensation Act, 1923, and the Industrial Disputes Act, 1947. What they were talking about on the phone, from whom he received the call, such things are irrelevant and null and void.

I hope this information helps. You can read more about the Workmen's Compensation Act, 1923, at http://vakilno1.com <link updated to site home>.

Regards

Dear All,

Regarding the case, the person involved in the accident should not receive any compensation since it occurred on a holiday. However, this decision may vary depending on the company's policy. In my organization, there are clear instructions for every employee not to use a mobile phone while driving. Additionally, according to Section 184 of the Motor Vehicles Act (related to rash driving), the individual should either face a day's imprisonment or be fined between Rs. 1000 to Rs. 1500.

Regards,
Subh

Thank you all for your valuable suggestions. I agree with Ravi to some extent where he has focused on points like... We have to collect more information regarding the conversation.

Thanks a lot for your time and consideration.

Regards,
Chanu