Bharat Gamit
Asked March 17, 2017

Liability of employer

  • 1 Answer
  • 285 Views

Is employer liable in anyway if employee is caught in an accident from home to office?

Answer 1

Generally, an employer is not liable for providing workers’ compensation benefits for injuries sustained during one’s daily commute. This is known as the “coming and going” rule.

 

The rules and laws on the topic is ambiguous and the same can be understood through the below mentioned case laws:

  • An employer after marking his presence during layoff in the factory sustained injury on the way while returning home, he will be entitled to compensation for injury.  Sathyabhama v. Employees' Stale Insurance Corporation, 1991 LLR 567: 1991 (63) FLR 339: 1991-11 LLN 181 (Ker HC)
  •  The widow of an employee who was shot dead by unknown persons while returning home after overtime duty will not be entitled to compensation.  B.eeL. v. Chandra Prabha Singh, 2003 LLR 699: 2003-11 LLN 698 Ghar HC). 
  • The Compensation Commissioner erred in holding that the principle of notional extension will be applicable when the employee was shot dead by unknown persons while travelling in a public transport after returning from duty.  B.eeL. v. Chandra Prabha Singh, 2003 LLR 699, 2003-11 LLN 698 Ghar He). 
  • The concept of notional extension under the Workmen's Compensation Act for granting compensation will be applicable when there has been unrebutted evidence to show that the death of the deceased has occurred due to stress and strain resulting in cardiac arrest on his way while he was returning after duty.  United India Insurance Company Ltd. v. Susheela, 2004 LLR 425 (Kam He).
  • Once an employee is an “insured person” under Section 2(14) of the 1948 Act, neither he nor his dependents would be entitled to get any compensation or damages from the employer under the 1923 Act. (Dhropadabai and Others Versus M/s. Technocraft Toolings)
Agree Comment 0 Agrees over 3 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.