Off-Duty Fight Between Contract Workers: Who Should Cover the Compensation?

Responsibility for Compensation in Off-Duty Incidents

If contractual manpower engages in a fight after office hours and outside the office premises, who is responsible for compensation? Is it the principal employer, or should the contractor be liable to pay the amount to the worker? In this scenario, two workers have fought with each other, resulting in a few injuries. Please advise.

Prima facie, both the principal employer and the contractor are not responsible for the payment of compensation for a fight that took place between contract laborers outside their place of work and beyond work hours. Was it in any way connected with employment or purely a personal or private matter? Please provide more details for a definite opinion.

Were the insured under ESI? The question of compensation would arise only when ESI is not applicable or employees are not insured under ESI. Moreover, if the employees file a claim under the Employees' Compensation Act 1923, the principal can always deny their liability. If there is any agreement between your company and the contractor, then you can take shelter thereunder as well.

Regards, S.K. Mittal
[Phone Number Removed For Privacy-Reasons]

In my opinion, a scuffle among the contract workers outside the office premises and office hours resulting in injury to one or the other is a criminal act for which neither the principal employer nor the contractor has any vicarious or original liability to compensate the injured. Even if the scuffle can be connected with any employment matter, it cannot be considered an employment accident to which the doctrine of notional extension of time and place could be applied, as the persons indulging in such street scuffles are exposed to the risk of injury like any other members of the public involving themselves in a similar situation.

Responsibility for Off-Hours Incidents

Scuffles and fighting outside office hours are criminal offenses, and neither the principal employer (PE) nor the contractor has anything to do with that. If they are insured, they can claim accordingly based on the injury report and probably even a police investigation, etc.