Dear All, I wish to know if any employee met with an accident while going home after finishing his duty is the employer liable to pay him compensation & wages for absent days due to accident. Kindly Guide Me.
From India, Dhule
From India, Dhule
Dear Colleague,
In case of any injury that happens outside the establishment where there is no control and supervision is there from the Employer has to be approached with all care and deeper fact finding. There are case laws for and against the compensations for such cases. The facts to be determined are many in such cases:
1. Whether he was covered under ESI or WC at the time of incident ?
2. Whether he was travelling on any vehicle provided by the Employer or was travelling in any public Transport?
3. Whether the said incident is purely " arising out of and in the course of employment" and employment related journey?
4. What are the evidences and facts that the employee was returning directly to home after work or he went elsewhere and then reached where the chain is disconnected
5. The nexus between " employment" and " injury" has to be established here and the person should not have indulged in any other activities like consuming alcohol ( sorry to mention but it happens in many cases)
For your general understanding :
All these are the facts to be ascertained before deciding anything on such matters. Once all the facts are positive, many times the Commissioners and Courts had awarded compensation under Employees' Compensation in case of any disability or disablement whether temporary or permanent and same if covered under ESI, based on accident report they also support the Insured person after ascertaining the facts.
If all your answers are positive to the employee then yes as part of WC or ESI he has to be compensated for the loss of wages.
Temporary Disablement under WC Act is normally goes like this:
The compensation is equivalent to 25% of monthly wages, payable on the sixteenth day from the date of disablement. If the disablement continues for 28 days or more, the workers compensation will be payable from the date of disablement.
If he is covered under ESI then you need to send accident report and ESI will take care rest.
You may consult your local Compensation Commissioner or ESI Local Officer Manager as the case may be and then do help the employee if on all facts the incident is connected to and arising out of employment and nexus is established
From India, Chennai
309In case of any injury that happens outside the establishment where there is no control and supervision is there from the Employer has to be approached with all care and deeper fact finding. There are case laws for and against the compensations for such cases. The facts to be determined are many in such cases:
1. Whether he was covered under ESI or WC at the time of incident ?
2. Whether he was travelling on any vehicle provided by the Employer or was travelling in any public Transport?
3. Whether the said incident is purely " arising out of and in the course of employment" and employment related journey?
4. What are the evidences and facts that the employee was returning directly to home after work or he went elsewhere and then reached where the chain is disconnected
5. The nexus between " employment" and " injury" has to be established here and the person should not have indulged in any other activities like consuming alcohol ( sorry to mention but it happens in many cases)
For your general understanding :
All these are the facts to be ascertained before deciding anything on such matters. Once all the facts are positive, many times the Commissioners and Courts had awarded compensation under Employees' Compensation in case of any disability or disablement whether temporary or permanent and same if covered under ESI, based on accident report they also support the Insured person after ascertaining the facts.
If all your answers are positive to the employee then yes as part of WC or ESI he has to be compensated for the loss of wages.
Temporary Disablement under WC Act is normally goes like this:
The compensation is equivalent to 25% of monthly wages, payable on the sixteenth day from the date of disablement. If the disablement continues for 28 days or more, the workers compensation will be payable from the date of disablement.
If he is covered under ESI then you need to send accident report and ESI will take care rest.
You may consult your local Compensation Commissioner or ESI Local Officer Manager as the case may be and then do help the employee if on all facts the incident is connected to and arising out of employment and nexus is established
From India, Chennai
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Published_draft _rules_on Employees_ compensation 3.6.2020.pdf
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