Hai Friends
This is case study/ issue which I have seen in one of the website.
Here the point to discuss is:
Some XYZ company employee got into an accident on the way to work. The injured victim sued his employer, claiming that a work-related cell phone call caused the accident and thus made the employer liable for injuries caused by its employee.
Ordinarily, an employee driving himself to work is not considered to be in the course of employment. Driving to work is a private matter, under the employee's control, and not part of the employer's business. If an employee gets into an accident on the way to work, the employer is generally not responsible and is not held liable for any injuries that occur. The only exception to this is when the employee is on a special mission for the employer, or when some other special circumstances make it clear that the employee is engaged in a work-related activity.
So my question is whether the employer has to claim for the injuries if it falls on either on holiday or Sunday etc.
So what’s your opinion on this?
Thanks and Regards
Chanu
From India, Bangalore
hi Chanu.....
As far as i know...if an employee meets with an accident during an ooficial work or during an official visit he / she is entitled to recieve compensation from the company....
As far as your question is concerned an employee cannot get compensation if he / she meets with an accident on sunday sor during any public holidays....Ya the employee can recieve compensation if and only if he / she was working on those holidays....
But the employee if in case meets with an accident during these holidays he / she is entitled to get the medical reimbursement from teh comapny on monthly basis...(depending on the company's rule and policies and also how much that employee is entitled to get)....
I hope i have cleared your doubt....
Regards
Ankit
09869851356
From India, Mumbai
393As far as i know...if an employee meets with an accident during an ooficial work or during an official visit he / she is entitled to recieve compensation from the company....
As far as your question is concerned an employee cannot get compensation if he / she meets with an accident on sunday sor during any public holidays....Ya the employee can recieve compensation if and only if he / she was working on those holidays....
But the employee if in case meets with an accident during these holidays he / she is entitled to get the medical reimbursement from teh comapny on monthly basis...(depending on the company's rule and policies and also how much that employee is entitled to get)....
I hope i have cleared your doubt....
Regards
Ankit
09869851356
From India, Mumbai
Hai Ankit Yah i have being clarified with your explaniation to certain extent. But here he/she is demanding for compensation. Regards Chanu
From India, Bangalore
From India, Bangalore
Like I am coming to work in morning on my vehicle / bus or anything, and while travelling I get a call from some co worker regarding some work issue and while speaking on that issue i get an accident and im injured.
here there are lots of things to see.
What was the conversation between me and coworker, was it casual or something involving thinking.
Why did I receive the call, would I have been fired for not receiving the call.
Should I receive the call knowing that its an official work, when I knew it could be dangerous, or I should limit myself in doing official work during travels.
May be, you need to speak with that particular employee first in detail and collect all information, like what was being discussed on phone, if he would not have received the call, would he had been fired by his company. Whats the work culture of the company. I believe we should not receive official calls outside, before office timings on our personal mobiles. For me to come on conclusion the data is not enough, I feel
From India, Pune
here there are lots of things to see.
What was the conversation between me and coworker, was it casual or something involving thinking.
Why did I receive the call, would I have been fired for not receiving the call.
Should I receive the call knowing that its an official work, when I knew it could be dangerous, or I should limit myself in doing official work during travels.
May be, you need to speak with that particular employee first in detail and collect all information, like what was being discussed on phone, if he would not have received the call, would he had been fired by his company. Whats the work culture of the company. I believe we should not receive official calls outside, before office timings on our personal mobiles. For me to come on conclusion the data is not enough, I feel
From India, Pune
Dear All
If an employee meets with an accident while on his way to work or while returning from office to his house, this is called as injury or accident occurred during the course of employment and hence the employer in legally liable to pay the compensation. This has been clearly specified in Workmen's Compensation Act, 1923 and Industrial Disputes Acts, 1947. What they were talking on the phone, from whom did he received the call, such things are irrelevant , null and void.
I hope, this will help.
You can read more about the Workmen's Compensation Act, 1923 at http://vakilno1.com <link updated to site home>
Regards
From India, Mumbai
If an employee meets with an accident while on his way to work or while returning from office to his house, this is called as injury or accident occurred during the course of employment and hence the employer in legally liable to pay the compensation. This has been clearly specified in Workmen's Compensation Act, 1923 and Industrial Disputes Acts, 1947. What they were talking on the phone, from whom did he received the call, such things are irrelevant , null and void.
I hope, this will help.
You can read more about the Workmen's Compensation Act, 1923 at http://vakilno1.com <link updated to site home>
Regards
From India, Mumbai
Dear All
As far as the case is concerned the person met with the accident should not get any compensation since that was a holiday. Again it depends upon the policy of the company. Like in my organisation there is clear instruction to every employee that one should not talk over mobile while driving. Also as per the sec-184 of motor Vehicles Act (rash driving) he should be punished to a day's imprrisonment or should be fined with Rs.1000~Rs1500/-.
Rgds,
Subh
From India, Calcutta
As far as the case is concerned the person met with the accident should not get any compensation since that was a holiday. Again it depends upon the policy of the company. Like in my organisation there is clear instruction to every employee that one should not talk over mobile while driving. Also as per the sec-184 of motor Vehicles Act (rash driving) he should be punished to a day's imprrisonment or should be fined with Rs.1000~Rs1500/-.
Rgds,
Subh
From India, Calcutta
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Work Related Musculo-Skeleta l Injuries.pdf
WORK PLACE STANDARDS - Blank.doc