Interpreting Employment Nexus: A Study of Arising Out of and in the Course of Employment

Abstract

The Determination of Employer Liability In Workplace Injury Cases Largely Depends On The Concept Of Employment Nexus, Embodied In The Phrase “Arising Out Of And In The Course Of Employment” Under The Employees’ Compensation Act, 1923. This Phrase Acts As A Legal Test To Establish Whether An Injury Is Sufficiently Connected To Employment To Justify Compensation. Judicial Interpretation Has Played A Crucial Role In Defining And Expanding This Concept. This has, however, not been unanimous during judicial interpretation leading to discrepancies in compensation rulings. The issue has now multiplied with the current employment practices like working remotely, other flexible working arrangements, employer sponsored activities, commuting accidents and psychological harm. This paper uses a doctrinal and analytical method to explain the judiciary interpretation and finding patterns and inconsistencies in case law. The paper presents that the interpretation by the judicial system has broadened the definition of the injury in employment; however, the lack of statutory evidence still leaves the topic ambiguous. The document suggests a legal elucidation and standardized legal provisions so that there is uniformity, fairness, and predictability on the compensation laws on workers.