Workmen compensation

Aravinda.K.S. (Querist) 15 April 2014 This query is : Resolved
Dear Experts,

Iam working in MNC company as a Sr officer HR & Admin department, i was met an accident by two wheeler when i was going home after completion of duty hours i.e. 7.30 PM, for this accident my right leg knee was fracture, so Doctor put a two steel rod in my right leg, as per Doctor opinion i will be take rest for 3 months. My Query are as below.

1. Shall i applicable Workmen Compensation
2.if i was applicable for Compensation, please give the any High court & Supreme court verdict as per act.

please give your concurrence report at earliest.

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Kumar Doab (Expert) 15 April 2014
Generically speaking as per your designation you may not be covered as 'Workman' as in ID Act.
However let a competent and experienced labor consultant/service lawyer opine finally looking into nature of duties etc.

Employees Compensation Act,2010
With substituting the word "employee" for "workman" the class of employees doing clerical work or their nature of work being interpreted as clerical can be benefited.

The lawyer may opine that while going back to home from office you are covered.
Hope you have evidence that accident was not due to your fault.

There might be a possibility of getting covered as 'Employee' as in (Name of your state) Shops and Commercial Establishments Act. However the provision of the Act may be referred to.

Your employer must have obtained Group Insurance Policy and must have included you into it.

You may also check if as per wages drawn you are covered under ESIC. If you are covered then you shall get benefits under this Act.

The employer can provide compensation by his sweet will.
Request the Chairman.
You may also go thru Certified Standing Orders of the company, Service Rules and Regulations and quote the relevant provisions if any.

Rajendra K Goyal (Expert) 16 April 2014
Whether the vehicle was duly insured and covered such risk and any FIR was lodged? If so lodge claim from Insurance Co.

For coverage under Employees Compensation Act, consult a local Service Law lawyer.