Please suggest if employee met with an accident during the tour or outside the premises what is statutory liability of employer
From India, Indore
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2From India, Indore
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An accident caused to an employee while he is on tour is covered under the EC Act 1923 as he is entirely on duty while on tour. So the accident 'arose out of and in the course of employment'. As regards an accident happening while being outside the premises, the factual position needs to be verified as to whether the accident arose out of and in the course of employment. Both conditions have to be met, with a notional extension of employment he could be deemed to be in an accident that arose in the course of employment, but the crux of the issue is did it occur arose out of employment. In simple terms, the question is whether the employee was at the accident site out of employment terms (like employer-arranged transport which is mandatory) or was he like any other person (like in public transport).
From India, Mumbai
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From India, Mumbai
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The employee met with an accident during his tour (tour means it is outside the work premises) is nothing but in the course of employment. The employee is eligible for compensation from the employer for his disablement and expenditure for the medical treatment.
Where is the problem?
From India, Mumbai
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Where is the problem?
From India, Mumbai
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Thank you for your reply. Could you please clarify which act covers this situation? The ESIC and Workmen's Compensation Act typically apply within factory premises.
If an employee is commuting from home to the office and has an accident, would the employer be liable in this case?
From India, Indore
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If an employee is commuting from home to the office and has an accident, would the employer be liable in this case?
From India, Indore
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If the employee is covered under ESIC then will receive compensation from ESIC or otherwise under EC Act.
From India, Mumbai
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From India, Mumbai
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If employee coming from home to office and met an accident its liability of employer or not
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Hi,
If the Employee is covered under the ESI Act, accidents caused during commuting to work and back are considered work-related, and benefits are paid to the covered IPs.
If the Employer has provided Mediclaim insurance facility, the same can also be utilized for hospitalization expenses.
From India, Madras
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If the Employee is covered under the ESI Act, accidents caused during commuting to work and back are considered work-related, and benefits are paid to the covered IPs.
If the Employer has provided Mediclaim insurance facility, the same can also be utilized for hospitalization expenses.
From India, Madras
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The EC Acts are only applicable to the employee while functioning in an establishment and has sustained any personal injury (whether physical or psychological) by an accident, then the employer shall be liable to compensate such an employee.
Any accident to an employee outside work premises does not come under the liability of the employer. However, the employee can still receive compensation if the employer has taken insurance or otherwise not.
From India, Mumbai
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Any accident to an employee outside work premises does not come under the liability of the employer. However, the employee can still receive compensation if the employer has taken insurance or otherwise not.
From India, Mumbai
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