Is an Accident on the Way Home Covered by Workmen's Compensation? Seeking Insights

Dear All,

Help me understand if the employee met with an accident while going home, will it be considered under WC policy as an accident arising out of the course of employment? If yes, a judgment regarding the same would be helpful.

Regards,
Amit

In the course of employment connotes the time and place of accident while the eligible worker was on duty at his/her workplace, whereas "arising out of employment" connotes the period and place of accident which occurs while he/she is/was coming to or returning from his/her regular workplace using the regular travel route.

This is the understanding of Kritarth Team who look forward to correct interpretation.

Kritarth Team, Bengaluru Office

5 December 2019

On-duty accident, off-duty accident, accident while commuting for duty from home to the place of work, or from the place of work to home. Accident while commuting to any place for the purpose of duty during regular working hours or during off-hours or traveling long distances for the purpose of duty. All the above-stated reasons state that if it can be proved that the accident was due to reasons of duty or attributed to duty, it shall call for full compensation.

Interpretation of Accidents and Compensation

Both ways, it can be interpreted differently by courts based on the circumstances of the accident. After working hours, the workmen leave the factory premises on their way home, exposing themselves to public hazards. In the event of an accident involving a vehicle, compensation can be claimed under the Motor Vehicle Insurance Act. A notional extension of working hours from the factory to home and back could be established by considering the workmen's regular route and ensuring they did not engage in personal activities during this time or face public hazards.

On-Duty Accidents in Company Vehicles

If a workman has an accident while traveling in the company's vehicle, it is considered an on-duty accident. The workman can file for compensation based on whichever interpretation is more beneficial. Compensation decisions are largely dependent on the specific circumstances of each case.

The employee met with an accident while going home or coming to duty is covered under the Workers' Compensation (WC) Act, considering the situation, facts, and figures into consideration. This type of case is considered under the "Doctrine of Notional Extension" and is applied to determine compensation under the WC Act.