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Thisisaqueryacc123987   15 June 2026

Care worker accident query

Hi, this is regarding general advice on a matter related to an injury happening as a result of a road accident. Suppose your care taker who was employed locally , a year or so ago, who's looking after elderly person at a residence 24x7, and occasionally steps out in the day for small errands or personal break or rest, etc at random points of time, and on one such trip meets with an accident, and some vehicle hits them. Who would be the primary liable for compensation in that case ? Wouldn't it be the person driving the vehicle that caused the accident ? Suppose the accident leads to long running injuries etc. and it means the person is not able to work, what are the factors to be considered on the liability of that person. And whoever the person liable, what is the maximum extent of liability.


 10 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     15 June 2026

An academic query...............

Thisisaqueryacc123987   15 June 2026

meaning ?  do you have any suggestion for the query above ?

Dr. J C Vashista (Advocate )     16 June 2026

Prima facie it is a hypothetical academic topic for discussion, certainly not your problem. 

P. Venu (Advocate)     16 June 2026

"Wouldn't it be the person driving the vehicle that caused the accident ?" How could it be anyother person? Please post the material facts, if any, suggesting a different answer.


Thisisaqueryacc123987   18 June 2026

Ok, apologies the question required more detail. Apart from the immediate medical costs, which as you rightly confirm would be the person driving the vehicle, would there be any future long term disability costs which may have to be bourne by employer ? By disability costs, I refer to loss of potential future income as a result of a disability arising out of this accident. I am trying to understand the legal liability of the employer in this case.

 

P. Venu (Advocate)     18 June 2026

Are you placed in such a situaation? To my knowledge, the provisions of Motor Vehicles are drawn up enacted to take care of all such aspects that the insurer/vehicle owner/driver is liable.

T. Kalaiselvan, Advocate (Advocate)     18 June 2026

if the accident is caused in a road traffic accident, then for compensation you may follow it through MACT as per motor vehicle act.

Thisisaqueryacc123987   18 June 2026

ok so the employer of the care worker is not liable for this in any way , like providing longer term support for the disability ? its only the person who caused the accident then. Just wanted that confirmation.

Dr. J C Vashista (Advocate )     19 June 2026

Morally and socially the employer must help the injured besides insurance / motor accident claim money.

Thisisaqueryacc123987   19 June 2026

Yes that they are 'only' to the best of their abilities and their own life circumstances. Just asking the question as there are cases and situations where they can be exploited by others in some cases.


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