If employee coming from home to office and met an accident its liability of employer or not? please suggets

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Hi,

If the Employee is covered under the ESI Act? The accidents caused during commuting to work and back are considered work-related and paid benefits to the covered IPs.

If the Employer had provided Mediclaim insurance facility, the same can also be utilized for hospitalization expenses.

From India, Madras
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KK!HR
1656

There is a mistaken notion that any accident caused while traveling to and from the workplace is covered under the EC Act and is the liability of the employer to compensate. The statutory provision is 'whether the accident arose out of and in the course of extension,' the notional extension theory applies for determining the issue during the course of employment, but whether the accident arose out of employment too has to be seen. So, was the employee at the accidental site in the capacity of being a company employee (i.e., it is not a public road where other people too are commuting)? In that background, the accident is to be seen and analyzed.
From India, Mumbai
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