Workman accident and compensation
N Thiruneelakanden
(Querist) 06 May 2010
This query is : Resolved
Whether a worker who is engaged as a sales man can drive a lorry and met accident without the instructions of his boss and claim compensation.
Guest
(Expert) 06 May 2010
If his charter of duties, ie., job specifications is not inclusive of driving the lorry, the employer is not liable to pay compensation.
G. ARAVINTHAN
(Expert) 06 May 2010
Employer is not liable to pay compensation in such circumstances
Daksh
(Expert) 07 May 2010
Dear R.N.Theruneelakanden,
It is not clear from your post under reply that was it some other person who was instructing the worker then his boss.
Or the worker drove the lorry on his own without having valid instructions/authorization from his boss.
I would like to suggest that kindly see the service contract of the person you are referring and try to bridge a link with the model standing orders applicable to that organization in this regard.
I hope this might be useful for you.
Best Regards
Daksh
B K Raghavendra Rao
(Expert) 07 May 2010
When the salesman has not been instructed by his boss, the employer is not liable to compensate for the accident caused by him.
A.R.KUPPUSAMI
(Expert) 07 May 2010
If the Company where the workman employed is covered/coverable under ESI Act.If necessitates the employee did the work for his company/ related to his job. He can try through ESI Act.
H. S. Thukral
(Expert) 11 May 2010
Since accident is not out of employment, no eligibility of the employee for compensation under WCA
