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Workmen compensation

(Querist) 04 July 2012 This query is : Resolved 


Dear All,

One of the workmen met with an accident while returning to home.

Will he cover under Workmen compensation Act.

Pls suggest
ajay sethi (Expert) 04 July 2012
In accordance with Section 3 of the Act, a “Workman” will be entitled to compensation only when his death or permanent total disablement is caused through an injury by an accident which has arisen “out of and in the course of his employment”.

An injury which occurs during an employee's travel between home and work is not normally compensable under the Workers' Compensation Act. This is known as the ... going to work, or coming home from work, that injury is not covered
MAYUR BHIMRAO MENDHEKAR (Querist) 04 July 2012
Thanks Ajay Sir
Sanyam Malhotra (Expert) 04 July 2012
usually compensation is not payable under the act where injury/disability took place outside the course of employment.

travelling to and from work has been considered as notional extension of employment by courts in certain judgments.

whether the workman is liable to be compensated depends on the facts &circumstances of each case.


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