WC death claim settlement - employee going for his duty but in between on the way dies accidentally

Respected Sir,

Greetings of the day! I need your help regarding a WC death claim settlement. A few days ago, one of my relatives suffered an accidental death while he was on his way to duty. In this case, are his family members eligible to claim settlement?

When I inquired with the employer, they informed me that his death did not occur on the employer's premises. So, in this scenario, I would like to know if an employee is on the way to duty but passes away accidentally, can the employer still process his WC claim?

Please advise. Thank you.

Dear Yogendra,

Death of an employee or sustaining any injury resulting in permanent or partial permanent disability due to an accident arising out of and in the course of their employment is only covered by the Employees Compensation Act, 1923. Strictly speaking, the employer is not liable to pay compensation under the Act for any injury sustained or death caused to an employee due to an accident that happens outside the zone of their employment.

However, under certain circumstances, the doctrine of notional extension of time and place would be applicable to fasten the employer with the liability to pay compensation under the Act. This doctrine implies that there should be a causal connection between the accident and the employment, even if the accident takes place outside the place of employment and/or outside working hours. Simply put, when an employee uses the means of access to and from the place of employment, or while attending to their usual pursuits during leisure hours or research time, they shall be deemed to be in employment, as there exists a causal relationship between the accident and their employment.

In general, when an accident occurs en route while coming to the place of employment from their residence before the commencement of the day's work or going to their residence from the place of employment after the close of work, factors such as the time and spot of the accident, distance from the place of employment, means of conveyance, etc., all play a vital role collectively in applying the notional extension principle.

Therefore, it is advisable to settle the claim filed by the dependents of the deceased employee after its disposal by the concerned Employees Compensation Commissioner.

The test is whether the employee was there at the accident spot in discharge of his employment obligations. Then, the claim for employee compensation is liable. If the employee at the time of the accident was there like any other person, then the compensation is not payable, say in a public place where others were also present. The theory of notional extension of employment would apply where the injury was caused while the employee was discharging his employment obligations.

I assume the employee was not covered by ESIC. Please provide further details of the accident, specifically whether the mode of transport was mandated by the employer and where it took place. The more details you provide, the more accurate answer you will receive from our seniors.

Dear Umakanthan Sir,

Thank you for your valuable input in this regard; it is very helpful for me.

Dear Saswata Banerjee Sir,

As per your input, please note that in this location, ESIC is not applicable; only WC is applicable. Additionally, I would like to inform you that transport facility is available within a 4-5 km range by the employer. However, it is not available at the victim's location, so the associate used his own two-wheeler for his job.

My main query in this case is, "When an employee was going from his home to the workplace for duty but unfortunately met with a road accident due to his bike slipping, resulting in his loss of life."

Under the Employee Compensation Act 1923, are his family members eligible for a death claim or not?

Upon inquiring with his employer, they mentioned that since the accident did not occur on the employer's premises, they would not initiate the claim process. However, upon consulting with a senior HR person, I was informed that as per the Employee Compensation Act 1923, if an employee is commuting between home and work, or vice versa, and an incident occurs, then the family members are eligible for the death claim benefit.

My intention is clear; if this case is covered under the Employee Compensation Act, I will assist his family members in settling his WC claim.

I extend my heartfelt thanks to all members who have provided their valuable input in this regard.

Dear Yogendra,

Strictly speaking, under the act, your friend's family is not eligible because travel from home to the office is not in the course of employment. The employment will start when he reaches the place of work.

However, the courts have been known to take a sympathetic view and sometimes give an order in favor of the employee. Therefore, you should first make an application to the labor commissioner. If he refuses it, then consider taking the help of a lawyer.

Dear Yogendra Jee,

Your relative may get compensation under WC/EC insurance policy provided the following criteria are fulfilled:

1. The employer should have obtained WC policy that was valid at the date and time of the accident.
2. The employer should have intimated the insurance company about the accident and registered the claim within a reasonable time.
3. The commuting route from his residence to the workplace must be common without diversions.
4. The timings of starting from his home to the workplace to report his duty at a scheduled time should match with a normal speed of the vehicle (duration). Abnormal timings are not taken into account.
5. The post-mortem report should not state that the deceased had consumed alcohol or was drunk.

Seniors have already advised you in detail, especially Umakanthan Jee, about the court ruling under certain circumstances, "the doctrine of notional extension of time and place."

Suresh

Dear Respected Seniors,

As per my earlier post, all senior members shared valuable input with me. Accordingly, I sent an email to the employer, and finally, they have started the process of EC/WC claims. Previously, the employer did not consider this case under the WC policy. Most of the documentation is completed, but I have one doubt. In the muster register, the associate's death on 30th June 2021 was recorded. He was on his way to his regular day shift duty when he unfortunately had an accident. Due to this incident, he was no longer with us. In this case, the employer marked him as "Absent" on that day. Will this create any hurdles for the claim settlement due to the absent mark in the muster register? Please guide me.

Also, could you advise on what attendance mark should be used in the attendance register in the case of death? Should it be "A," "P," or something else?

Please share your valuable inputs on this matter so that the associate's WC claim process can proceed smoothly without any obstacles.

Hi Yogendrabhai,

Marking absent on the day of the accident is very natural because the employee was not able to attend the duty. It will not have any impact on the claim. Marking present, absent, or on leave doesn't have a relationship with claim settlement. One has to justify that they intended to travel to duty on that day, and the doctrine of notional extension of time and place should be aligned, as specified by others in this thread.

Regards,
Ramesh Rathod

Dear Yogendra,

I think you are getting overwhelmed with trivial questions, perhaps because of your anxiety. It is not that the principle of notional extension of time and place would be squarely applicable to all cases of employment accidents. The existence of factors like time and place of the accident, the nature of the accident causing grievous injuries or death, the way by which it can be rationally connected with the employment of the victim - all these have to work in tandem to apply the principle.

As regards marking absent/present on the day of the accident, if the injured employee did not join duty, he cannot be marked present on that day. If he died on the day of the accident itself without being present at the workplace, then his name is to be struck off the rolls from that day itself, and an endorsement should be made to that effect in the Attendance Register. However, if the mishap occurred after he had attended duty, then he can be struck off the rolls with effect from the afternoon (after duty hours) of that day. If there is a hospitalization/treatment period involved, the employee should be marked absent or on leave for this period.

As your employee reportedly met with the accident while reporting for duty, he is not to be marked present. Depending on the date of the employee's demise, you may make a suitable order based on the aforementioned principles and mark his attendance. It is clarified that the liability for the payment of compensation would exist irrespective of whether the employee is marked as absent or present on the date of the accident.

Respected Sirs,

Have a blissful day!

First of all, thank you very much for your valuable input in this post. It is very helpful for us. The employer has initiated an employee compensation claim, which is currently in the final stage of settlement. We extend special thanks to Umakanthan Sir, Suresh Ji, Ramesh Rathod Sir, and other CiteHR members who have suggested their valuable input. Unfortunately, for the release of the compensation amount, the insurance company requires an "Award Copy" from the labor court. We have been in constant communication with the employer regarding the EC claim settlement. However, the insurance company cannot release the compensation amount without this document. According to our inquiry through a reliable advocate, we have been informed that the company must make a DD in the name of the honorable "Employee Compensation Commissioner." Once this process is completed, the court will provide the "Award Copy" to the employer.

Kindly suggest what steps we can take for the EC compensation claim of the associate nominee, as the associate passed away on June 30, 2021, and the family members have not yet received the compensation amount.

Please provide your valuable input on obtaining the "Award copy" from the Labor court and facilitating the smooth release of the compensation amount to the associate's family members as per the EC act.

Additionally, please advise on the roles of the employer and principal employer in settling the Employee Compensation claim.

The settlement procedure is that the insurance company sends the claim settlement amount to The Commissioner for Workmen's Compensation. Upon receipt of the claim amount, the Commissioner sends intimation to the legal heir/nominee of the deceased employee and settles the claim in his office.

The employer should write to the insurance company from whom the EC policy is obtained and advise them to send the claim amount to the Commissioner of EC for settlement. If there is no insurance policy, then the liability falls on the employer, and the employer should deposit the compensation amount due as per the EC Policy formula/age factor to the EC Comm.

Hope the procedure is clear now.

Regards,

Suresh