Is the employer liable to pay compensation?

Employer’s liability for payment of Compensation Under Section 3(1) of the Employees Compensation Act, 1923[2], if personal injury is caused to an employee by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation.

What happens if an employee is injured in a car accident?

Employees can be eligible for worker’s compensation if they were injured while driving their personal vehicles for work related purposes. Again, if an employee was insured at the time of the accident, the employee’s insurance will be liable to pay for injuries up to the covered amount.

When to file an accident at work claim?

A medical report is an essential part of the evidence needed if you seek compensation by filing an accident at work claim against a negligent employer. The same applies should the workplace accident have been caused by a fellow employee in which case, your employer could still be held liable.

Who is eligible for worker’s comp after a car accident?

Worker’s Comp. Employees can be eligible for worker’s compensation if they were injured while driving their personal vehicles for work related purposes. Again, if an employee was insured at the time of the accident, the employee’s insurance pays for injuries up to the covered amount.

When to record two cases of employee injuries sustained?

For example, if an employee is injured in a car accident in the company parking lot while arriving at work or while leaving the company’s property at the end of the day, the case would not be work-related.

Can a company claim workers compensation after a car accident?

Even if you accept workers’ compensation benefits from your employer, you still have the right to seek damages from the driver who caused the car accident. However, if you receive workers’ compensation benefits, your employer or its insurance company may have a ” lien ” against any compensation you receive from any third party.

When does an employee have a car accident?

First, the injury must occur when the employee is commuting to or from work, and not when the employee is traveling in the interest of the employer. Second, the injury must take place in the company parking lot or company access road (the work establishment). Finally, the injury must result from a motor vehicle accident.

When does an employer have to pay for employee injuries?

When a careless worker injures you, their employer may be required to pay for your damages. Here’s where we unpack the legal reasons employers may be on the hook for bad employee behavior, and what you can do to get the compensation you deserve for your injuries.