The Role Of Causal Connection In Determining Employment Injury
- IJLLR Journal
- 3 days ago
- 2 min read
Breethow Chris N., BBA LLB, (Hons), School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University
ABSTRACT
The concept of “employment injury” under labour welfare law is essentially anchored on the requirement that the injury should have arisen “out of” and “in the course of employment” as per the provisions of the Employee’s Compensation Act, 1923. Within this statutory scheme it is the idea of cause which is instrumental in determining employer liability, though predominate amongst interpretation in judicial practice has been one of confusion and inconsistency. This research paper critiques the significance of causal connection in defining employment injury by employing a doctrinal method of research, on the basis of the statutory provisions, judicial precedents and the existing body of literature. This study reveals the transition in judicial reasoning, from a rigid proximate cause perspective to a helping hand, welfare-oriented and risk-analysis perspective (see among others Mackinnon Mackenzie & Co. v. Ibrahim Mahmmod Issak and B.E.S.T. Undertaking v. Mrs. Agnes). It also analyzes the doctrine of notional extension, which extends the concept of employment beyond the confines of the physical work site and bolsters the causal nexus in certain matters. The paper concludes with several emerging areas of conceptual difficulty in the application of causal connection, including journeys, occupational diseases, and new modes of employment such as tele- work and gig work where traditional conceptions of workplace and control are significantly challenged. The issue of the burden of proof upon employees in
showing causation is discussed as a formidable evidentiary hurdle in compensation claims.
It is submitted that causation is not to be considered as a technical or inflexible requirement, but rather as a continually evolving standard of evaluation influenced by risk considerations that is in keeping with the welfare policy objectives of labour law. It finds that a more formalized, coherent, and systematic interpretive approach is needed to serve the interest of fairness,
Keywords: Causal Connection, Occupational Disease, Welfare of Laborers, Notional Extension, Work-Related Causation, Employment Nexus, Material Contribution Test, Labour Law Jurisprudence. consistency, and effective protection of the workforce in increasingly fluid labor markets.
