Dear all Seniors,

I need your guidance on the following. One of our company employees met with a road accident while returning home after finishing his duties on a motorcycle. He is now hospitalized since two days.

1) Whether this incident is to be considered a lost time incident in the company's annual statistics.
2) Are there any liabilities on the company in this case regarding compensation, etc.

Please advise.

Regards,
Ajay

From India, Mumbai
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Dear Friend,

Was he covered under the ESI scheme? If so, while returning home after finishing his duties, he will come under the purview of employment injury and would be eligible for ESI benefits. Kindly inform the nearest dispensary.

On humanitarian grounds, the company should take care of his medical expenses since this injury is connected with employment.

Regards,
Alphonse

From India, Madras
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Dear Sir,

Thank you for the immediate reply. On humanitarian grounds, the company has already started taking care of him. The person is covered under ESI. However, I would like to know the legal aspects for my knowledge and whether I should include this incident in my annual statistics for calculating the frequency rate and SR of the company or not.

Please guide accordingly.

Regards,
Ajay

From India, Mumbai
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dipil
911

Dear Ajay,

You don't need to count this case as an LTI in your Annual Statistics. This is an off-site incident, and you only need to report this case and claim it to the insurance company for the insurance benefits.

Dear Mr. Alphonse,

Thank you for your valuable inputs. Keep participating and sharing.

From India
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Dear friend What is it means: "calculating Frequency rate and SR of the company" Regards Alphonse 8056699993
From India, Madras
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dipil
911

Dear Alphonse,

Please go through the below thread. I hope this will answer your query: https://www.citehr.com/340743-rate-a...man-hours.html

From India
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Dear Dipil Sir, thanks for reply.. But, what about company liabilities in case if the person is not covered under ESI Is it companies responsibility as per law in this case??? regards Ajay
From India, Mumbai
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Dear Alphonse,

As the accident happened off-site and after working hours, it doesn't come under your company's liability. However, if your company is covered by any insurance, you need to inform them immediately orally within 24 hours and through a letter within a week.

It would be appreciated if you could provide support and treatment from the company's side on humanitarian grounds.

With regards,
P.V. Ramana Kumar
Soma Enterprise Limited
Bangalore

From India, Bangalore
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Dear Ajay,

Please note that if any accidents occur outside the premises as a statutory requirement, you need not worry as the employer. A recent judgment by the Chennai High Court in a similar case stated that if transportation is provided by the employer for employees, then only the employer has to compensate in any way, whether through insurance coverage or from their own pocket if coverage is not in place.

Regards,
Nilesh Kumar Harge

From India, Pune
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Dear mr. Ajay if yours employee coverd under esic then the company is responseble under 4 kilometer area and half hour time returning and coming in company . Thanks pawan bhatia 09812585353
From India, Bahadurgarh
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