Employee injured in picnic organised by company
Deepak Nair
(Querist) 30 April 2012
This query is : Resolved
Dear Learned Experts,
An employer arranged for a one day picnic for its emplyees in an adventure part. The adventure park took an undertaking from every employees that the employees will be liable for the risks.
During one of the adventutous activity, one of the lady employee got hurt in her eye due to her own negligence as she removed the safety mask where she was not supposed to.
Now the said employee has to undergo surgery of her left eye. Even after surgery, she won't be above to see as she used to see before and she would not be able to execute her works effectively as her work involves extensive use of computer.
Thus, I have the following queries in this regard:
1. Can the employer be held liable for the occurrence of this incident?
2. Can the employer be held liable to pay compensation and medical expenses to the employee? (The employer is ready to bear the expenses in good faith.)
3. Can the employer terminate the services of the employee on the ground of inefficiency to execute the responsibilities? If yes, any compensation to be made??
4. Is it OK if the employer grants her a long leave of 3/6 months to see whether she gets well and if not then then terminate her if she cannot do her work?
5. Can this accident be considered as an accident happened during and in the course of sevice?
Please advise me on this issue.
Sudhir Kumar, Advocate
(Expert) 30 April 2012
1. Can the employer be held liable for the occurrence of this incident?
Ans ; Whether the injury was in the course of employment of gratuitous excursion provided other than service contract
2. Can the employer be held liable to pay compensation and medical expenses to the employee? (The employer is ready to bear the expenses in good faith.)
Ans ; Whether the injury was in the course of employment of gratuitous excursion provided other than service contract the compensation issue can be decided accordingly. But Medical expenses depend upon the medical cover provided by the company.
3. Can the employer terminate the services of the employee on the ground of inefficiency to execute the responsibilities? If yes, any compensation to be made??
Ans : Yes.
4. Is it OK if the employer grants her a long leave of 3/6 months to see whether she gets well and if not then terminate her if she cannot do her work?
Ans : Yes
5. Can this accident be considered as an accident happened during and in the course of service?
Ans : Apparently No.
Deepak Nair
(Querist) 30 April 2012
Dear Mr.Sudhir,
Thanks for your reply.
The doubt in my mind is that, can the accident be considered as occurred in the course of employment, since the picnic was organised and sponsored by the company??
mahendrakumar
(Expert) 01 May 2012
I feel the company cannot be held responsible for the same due to varid reasons
1) the picnic was not part of the duty and no compulsion to participate.
2) the employee has not followed the safety instructions of the adventure park.
Deepak Nair
(Querist) 01 May 2012
Dear Mr.Mahendrakumar,
Thanks a lot for your valuable comment. Your point no.1 was not in my mind. Thanks a lot.
