Whether the death of an employee caused due to stress from work can be considered to be death of an employee due to injury by accident arising out of and in the course of employment?
From India, New Delhi
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425From India, New Delhi
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I attach reference to the Madras High Court decision which is pretty clear on the applicability of the matter. Each case needs to be examined carefully based on the legal principles enumerated
From India, Mumbai
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From India, Mumbai
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Factors in Workmen Compensation and ESI Cases
A very good case law was referred to by our colleague. A good reading.
The prime factors in such cases under Workmen Compensation or under ESI are determined based on a detailed analysis of each case, including the "nature of job or work," the connection between such incident and work, whether attributed due to work, the general health condition of the employee, the nexus between such incident and work on the day of the incident, medical reports and evidence of the case, facts furnished by both sides, and so on.
This subject cannot be generalized and decided upon; each case will have its own merit or demerit and can only be decided from a medical angle and legal angle by experts/legal forums.
From India, Chennai
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A very good case law was referred to by our colleague. A good reading.
The prime factors in such cases under Workmen Compensation or under ESI are determined based on a detailed analysis of each case, including the "nature of job or work," the connection between such incident and work, whether attributed due to work, the general health condition of the employee, the nexus between such incident and work on the day of the incident, medical reports and evidence of the case, facts furnished by both sides, and so on.
This subject cannot be generalized and decided upon; each case will have its own merit or demerit and can only be decided from a medical angle and legal angle by experts/legal forums.
From India, Chennai
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SC - Temporary workers given benefit compensation for not making permanent 4.4.2013.pdf
Stress.zip