The Delhi High Court has ruled that an accident suffered by an employee during a lunch break at the workplace can qualify as an employment-related injury under the Employees’ Compensation Act, 1923. The Court directed an insurance company to pay Rs 7.86 lakh in compensation, along with 12 per cent annual interest, to a construction worker who lost his leg in an accident 16 years ago.
The case involved Yashpal, a supervisor at a construction site in Bhalswa. On 22 June 2010, while he was on his lunch break at the worksite, an iron rod fell on him from a mobile crane. The injury resulted in the amputation of his left leg.
The Commissioner of Employees’ Compensation had ordered the insurer to pay Rs 7.86 lakh with interest from 22 July 2010. The insurance company challenged the order, arguing that the accident did not occur during the course of employment because Yashpal was on a lunch break. It also questioned whether he qualified as an employee under the law, citing his designation as a supervisor.
Justice Manoj Kumar Ohri rejected these arguments in the July 23, 2026 judgment. The Court held that a short break for meals does not automatically disconnect an employee from the workplace or their employment. Since Yashpal was still at the construction site and present there because of his work, the accident retained a sufficient connection with his employment.
The Court also clarified that an employee’s designation alone cannot determine whether they fall within the scope of compensation law. The actual nature of the work performed has to be considered.
The insurer had further challenged the assessment of Yashpal’s 75 per cent loss of earning capacity and questioned the medical evidence supporting it. The High Court upheld the Commissioner’s assessment, accepting the medical evidence related to the amputation and resulting loss of earning capacity.
The ruling reinforces that workplace protection under employment compensation laws does not necessarily stop during routine breaks. An accident occurring at the worksite during a lunch break may still be considered connected to employment, depending on the circumstances.
