Injury on work
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
04 September 2013
There was an accident just outside the factory when a worker left the plant gate after serving his duty hours. As a result of the accident the worker got heavy head injury.
Our HR does not considering the case as an IOW (Injury on Work) on the ground that the worker has left the gate and met the accident. Under such circumstances there is no provision in the Factory Act or any other act which will cover the case as IOW and would provide compensation.
The HR is also claiming that the age old provision of "An accident shall be deemed to covered under IOW if the accident takes place even before one hour the duty hour starts and last after one hour the employee leaves the factory gate" has been abolished.
I sought expert’s advice to know:-
"Is there any provision under which the worker will be benefited?" Please quote the section under the relevant act.
Your opinion will highly be solicited.
Regards
Maksud
Our HR does not considering the case as an IOW (Injury on Work) on the ground that the worker has left the gate and met the accident. Under such circumstances there is no provision in the Factory Act or any other act which will cover the case as IOW and would provide compensation.
The HR is also claiming that the age old provision of "An accident shall be deemed to covered under IOW if the accident takes place even before one hour the duty hour starts and last after one hour the employee leaves the factory gate" has been abolished.
I sought expert’s advice to know:-
"Is there any provision under which the worker will be benefited?" Please quote the section under the relevant act.
Your opinion will highly be solicited.
Regards
Maksud
Querist : Anonymous
Querist :
Anonymous
(Querist)
10 September 2013
There was an accident just outside the factory when a worker left the plant gate after serving his duty hours. As a result of the accident the worker got heavy head injury.
Our HR does not considering the case as an IOW (Injury on Work) on the ground that the worker has left the gate and met the accident. Under such circumstances there is no provision in the Factory Act or any other act which will cover the case as IOW and would provide compensation.
The HR is also claiming that the age old provision of "An accident shall be deemed to covered under IOW if the accident takes place even before one hour the duty hour starts and last after one hour the employee leaves the factory gate" has been abolished.
I sought expert’s advice to know:-
"Is there any provision under which the worker will be benefited?" Please quote the section under the relevant act.
Your opinion will highly be solicited.
Regards
Maksud
Our HR does not considering the case as an IOW (Injury on Work) on the ground that the worker has left the gate and met the accident. Under such circumstances there is no provision in the Factory Act or any other act which will cover the case as IOW and would provide compensation.
The HR is also claiming that the age old provision of "An accident shall be deemed to covered under IOW if the accident takes place even before one hour the duty hour starts and last after one hour the employee leaves the factory gate" has been abolished.
I sought expert’s advice to know:-
"Is there any provision under which the worker will be benefited?" Please quote the section under the relevant act.
Your opinion will highly be solicited.
Regards
Maksud
01 August 2024
In the context of injuries sustained by workers, the provisions regarding compensation and coverage under the Workmen’s Compensation Act and other relevant laws are essential. Here’s an analysis of the situation you described:
### **Legal Provisions**
1. **Workmen’s Compensation Act, 1923:**
- **Section 3** of the Workmen’s Compensation Act, 1923, states that if a worker suffers an injury arising out of and in the course of employment, they are entitled to compensation.
- **Definition of "Arising out of and in the course of employment"**: The term is broadly interpreted. It generally includes accidents that occur in connection with employment, not just within the physical confines of the workplace.
2. **Interpretation of Employment Scope:**
- **The “Going and Coming” Rule**: Traditionally, injuries occurring while traveling to or from work were not considered for compensation under this rule. However, exceptions exist if the worker is on a special task for the employer or using a facility provided by the employer.
- **Case Law Reference**: In some cases, the courts have extended the definition of "arising out of and in the course of employment" to include injuries occurring close to or in connection with the workplace if it is within a reasonable time before or after work hours.
3. **Factories Act, 1948:**
- **Provisions under the Factories Act**: The Act primarily focuses on the safety, health, and welfare of workers within the factory premises. It does not specifically address compensation for injuries occurring outside of working hours or outside factory premises.
### **Your Situation**
- **Accident Outside Factory Premises**: Since the accident occurred outside the factory premises and after duty hours, the traditional view would be that it does not fall under Workmen’s Compensation. However, if there was any work-related activity or if the worker was engaged in a work-related task, there could be grounds for compensation.
- **Recent Legal Trends**: Some recent judicial interpretations have expanded the scope to include injuries closely related to the worker’s employment. If the worker was still under the influence of employment, or if there were compelling reasons showing the accident was related to work, compensation might be considered.
### **Steps to Take**
1. **Review the Specific Case**: Check if there was any specific work-related task or assignment that could link the accident to employment.
2. **Legal Consultation**: Consult a legal expert specializing in labor law to get a detailed opinion based on the specifics of the case and current legal interpretations.
3. **Documentation**: Gather all evidence related to the accident, including witness statements, accident reports, and any correspondence regarding the worker’s employment status at the time of the accident.
4. **Claim Filing**: If you believe there is a valid claim, file for compensation under the Workmen’s Compensation Act, providing all relevant details and justifications.
### **Conclusion**
- **Legal Coverage**: There may still be potential for claiming compensation depending on the specific circumstances and judicial interpretations. The key is whether the injury can be reasonably linked to the worker’s employment, even if it occurred outside of traditional work hours and premises.
- **Consult Experts**: Given the complexities involved, especially with evolving interpretations of employment-related injuries, consulting a legal professional is highly recommended.
This approach should help in determining the right course of action and whether compensation can be sought under the relevant provisions.
### **Legal Provisions**
1. **Workmen’s Compensation Act, 1923:**
- **Section 3** of the Workmen’s Compensation Act, 1923, states that if a worker suffers an injury arising out of and in the course of employment, they are entitled to compensation.
- **Definition of "Arising out of and in the course of employment"**: The term is broadly interpreted. It generally includes accidents that occur in connection with employment, not just within the physical confines of the workplace.
2. **Interpretation of Employment Scope:**
- **The “Going and Coming” Rule**: Traditionally, injuries occurring while traveling to or from work were not considered for compensation under this rule. However, exceptions exist if the worker is on a special task for the employer or using a facility provided by the employer.
- **Case Law Reference**: In some cases, the courts have extended the definition of "arising out of and in the course of employment" to include injuries occurring close to or in connection with the workplace if it is within a reasonable time before or after work hours.
3. **Factories Act, 1948:**
- **Provisions under the Factories Act**: The Act primarily focuses on the safety, health, and welfare of workers within the factory premises. It does not specifically address compensation for injuries occurring outside of working hours or outside factory premises.
### **Your Situation**
- **Accident Outside Factory Premises**: Since the accident occurred outside the factory premises and after duty hours, the traditional view would be that it does not fall under Workmen’s Compensation. However, if there was any work-related activity or if the worker was engaged in a work-related task, there could be grounds for compensation.
- **Recent Legal Trends**: Some recent judicial interpretations have expanded the scope to include injuries closely related to the worker’s employment. If the worker was still under the influence of employment, or if there were compelling reasons showing the accident was related to work, compensation might be considered.
### **Steps to Take**
1. **Review the Specific Case**: Check if there was any specific work-related task or assignment that could link the accident to employment.
2. **Legal Consultation**: Consult a legal expert specializing in labor law to get a detailed opinion based on the specifics of the case and current legal interpretations.
3. **Documentation**: Gather all evidence related to the accident, including witness statements, accident reports, and any correspondence regarding the worker’s employment status at the time of the accident.
4. **Claim Filing**: If you believe there is a valid claim, file for compensation under the Workmen’s Compensation Act, providing all relevant details and justifications.
### **Conclusion**
- **Legal Coverage**: There may still be potential for claiming compensation depending on the specific circumstances and judicial interpretations. The key is whether the injury can be reasonably linked to the worker’s employment, even if it occurred outside of traditional work hours and premises.
- **Consult Experts**: Given the complexities involved, especially with evolving interpretations of employment-related injuries, consulting a legal professional is highly recommended.
This approach should help in determining the right course of action and whether compensation can be sought under the relevant provisions.
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