Regulation 68 permits accident reports in the form under the Factories Act if it contains all the details. Therefore, the legal requirement is to have a report with all the necessary details regardless of the form. Section 51(e) was incorporated in 2010, but the regulation under it is yet to be made. Instead of providing details only when asked by the BO, it is advisable to send the report in Form 12 in the interest of your employees.
Varghese Mathew varghese21283@gmail.com
From India, Thiruvananthapuram
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972Varghese Mathew varghese21283@gmail.com
From India, Thiruvananthapuram
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The answer to the query is that there are no requirements for sending any accident report if the accident takes place outside while returning after attending duty under the ESI Act. The employer is not under any legal obligation under the Act, and it is very clear. The provisions of the Factory Act also do not impose any obligation to report if the accident occurs outside the duty period.
pkjain
From India, Delhi
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pkjain
From India, Delhi
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The word "accident" is not defined in the ESI Act or rule or regulation. So we have to go by its general meaning. Under section 51.E, an accident happening outside is an employment injury (subject to conditions) defined in the Act. Regulation 68 casts an obligation on the employer to send a report of the accident if it comes to his notice.
VARGHESE MATHEW
From India, Thiruvananthapuram
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VARGHESE MATHEW
From India, Thiruvananthapuram
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I am not fully in agreement with the interpretation of Mr. V. Mathew.
The employer is not under a legal obligation to send an accident report if the accident occurred outside the employment place while going after duty unless the nexus is established with the employment after examining the circumstances, time, and place of the accident, as mentioned in sec. 51E of the ESI Act. Because the benefit to the IP ultimately to be granted by the ESI authorities, they are the proper authority to evaluate it and advise the employer. Therefore, the employer is not supposed to fill and send an accident form in such cases unless advised by the authorities.
Suppose after filling the accident form, the claim is rejected by the ESI, and by virtue of the employer's admission that it happened during the course of employment, the employee would not claim compensation from the employer. Although it is a grey area and there are no clear-cut rules/provisions on the issue, filling the accident form in such matters is not advisable for any employer.
PKJAIN
From India, Delhi
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The employer is not under a legal obligation to send an accident report if the accident occurred outside the employment place while going after duty unless the nexus is established with the employment after examining the circumstances, time, and place of the accident, as mentioned in sec. 51E of the ESI Act. Because the benefit to the IP ultimately to be granted by the ESI authorities, they are the proper authority to evaluate it and advise the employer. Therefore, the employer is not supposed to fill and send an accident form in such cases unless advised by the authorities.
Suppose after filling the accident form, the claim is rejected by the ESI, and by virtue of the employer's admission that it happened during the course of employment, the employee would not claim compensation from the employer. Although it is a grey area and there are no clear-cut rules/provisions on the issue, filling the accident form in such matters is not advisable for any employer.
PKJAIN
From India, Delhi
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Any accident should be reported to the ESI authority without considering its benefits. The crucial factor in an accident is whether it occurred in the course of employment. Every day, taking the same route to and from the office is considered to be in the course of employment. Consider this: if the company provides a bus for transportation, and it is involved in an accident, what will happen? ESI will inquire whether the individual was on employment at the time of the accident. In the case of Workers' Compensation, it is deemed to be in the course of employment. However, if the accident results in death, what will happen?
If you have any further questions, please feel free to contact me.
Siddhartha Guhathakurta GM- HR (Labor Advisor) sid_iss@yahoo.com
From India, Calcutta
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If you have any further questions, please feel free to contact me.
Siddhartha Guhathakurta GM- HR (Labor Advisor) sid_iss@yahoo.com
From India, Calcutta
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Sorry, sir, I still do not agree with your contentions that every accident should be reported, even if it does not have any nexus with employment. There is a difference in informing ESI and filling out the accident form.
Regards,
pkjain
From India, Delhi
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Regards,
pkjain
From India, Delhi
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If the company has a Medi-claim Policy, then irrespective of the fact of the accident, he can get reimbursement/payment through the Insurance Company as per the Policy. Moreover, ESI Act/WCA are not applicable to all categories of employees. Further, the said Act will be applicable in the instant case, provided the accident has taken place during the course of employment or was incidental to employment. There should be some nexus between the employment and the cause of the accident, FIR and other formalities should be completed in time to pay the compensation. In this connection, the court decision referred to very nicely by one of the experts above will be very helpful. He may be requested to refer to the relevant case law so that it can be studied in more depth.
In addition to the above, on humanitarian grounds, a deviation could be made from the company's policy with the specific approval of the Competent Authority. The best course would be to place the matter before the Board of Directors for an appropriate decision or to seek its post-fact approval by obtaining in principle approval from your M.D./C.M.D.
From India, Delhi
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In addition to the above, on humanitarian grounds, a deviation could be made from the company's policy with the specific approval of the Competent Authority. The best course would be to place the matter before the Board of Directors for an appropriate decision or to seek its post-fact approval by obtaining in principle approval from your M.D./C.M.D.
From India, Delhi
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Dear Vijaya,
I am seeking advice from colleagues and seniors. Thank you in advance for your guidance.
One of our employees, while coming to the office for the night shift, met with an accident. He is covered under medical insurance, and the coworker who witnessed the incident promptly reported it to HR & Admin. He was admitted to the hospital and underwent surgery due to multiple fractures. The doctors recommended three months of bed rest. At the time of the accident, the employee had completed one year of service with the company.
Management ensured that his medical costs, as per the policy eligibility, are compensated and also provided him with one month's pay by adjusting his eligible leaves.
I have two questions:
a. Does the company have to pay his full salary until he recovers and is fit to resume work, i.e., for the next two months?
b. Is there an upper limit on the leave that can be extended to him? If salary payment is required, is there a ceiling?
Legally, are we obligated to pay his salary, and if so, for how long or how many months are we supposed to pay someone who is bedridden due to an accident while coming to work?
At the employee's request, we are considering offering him a work-from-home option once he is able to sit up and work. Currently, he is in bed and unable to do so.
Please provide your valuable advice.
Thanks & Regards,
Vijaya
From India, Hyderabad
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I am seeking advice from colleagues and seniors. Thank you in advance for your guidance.
One of our employees, while coming to the office for the night shift, met with an accident. He is covered under medical insurance, and the coworker who witnessed the incident promptly reported it to HR & Admin. He was admitted to the hospital and underwent surgery due to multiple fractures. The doctors recommended three months of bed rest. At the time of the accident, the employee had completed one year of service with the company.
Management ensured that his medical costs, as per the policy eligibility, are compensated and also provided him with one month's pay by adjusting his eligible leaves.
I have two questions:
a. Does the company have to pay his full salary until he recovers and is fit to resume work, i.e., for the next two months?
b. Is there an upper limit on the leave that can be extended to him? If salary payment is required, is there a ceiling?
Legally, are we obligated to pay his salary, and if so, for how long or how many months are we supposed to pay someone who is bedridden due to an accident while coming to work?
At the employee's request, we are considering offering him a work-from-home option once he is able to sit up and work. Currently, he is in bed and unable to do so.
Please provide your valuable advice.
Thanks & Regards,
Vijaya
From India, Hyderabad
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