Regulation 68 permit accident report in the form under fact ories act also if it contain all the details . So legal requirement is to have a report wit all details whichever is the form.Sec51(e) was incorporated in 2010.Reg under it is yet to be made.Instead of giving details after being asked by BO it is better to send it in form 12 in the interest of your employee.
Varghese Mathew
varghese21283@gmail.com
From India, Thiruvananthapuram
912Varghese Mathew
varghese21283@gmail.com
From India, Thiruvananthapuram
The answer to the query is that there is that no requirements of sending any accident report if the accident take place outside while going back after attending the duty Under the ESI Act and the employer is not under any legal obligation under the Act, it is very clear. The provisions of the Factory Act also do not cast any obligation of reporting if the accident takes place outside out of duty period.
pkjain
From India, Delhi
pkjain
From India, Delhi
The word \"accident\"is not defined in the ESI Act or rule or regulation.So we have to go by its general meaning.U/s 51.E an accident happening outside is an employment injury(subject to condition) defined in the Act.Reg 68 cast an obligation on the employer to send report of accident if it comes to his notice .
VARGHESE MATHEW
From India, Thiruvananthapuram
VARGHESE MATHEW
From India, Thiruvananthapuram
I am not fully agreed with the interpretation of Mr. V. Mathew.
The employer is not under legal obligation to send 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 accident etc. as mentioned in sec. 51E of the ESI Act. Because the benefit to the IP ultimately to be granted by the ESI authorities, as such they are the proper authority to evaluate it and advise to the employer as such the employer is not suppose to fill and send accident form in such cases unless have a advise of the authorities. SUPPOSE if after filling the accident form if the claim is rejected by the ESI and by virtue of admition of the employer that it happened during the course of employment employee would not claim compensation from the employer.Although it is a grey area and there is no clearcut rules/provisions on the issue but so moto filling of form of accident in such matters is not adviseble to any employer.
PKJAIN
From India, Delhi
The employer is not under legal obligation to send 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 accident etc. as mentioned in sec. 51E of the ESI Act. Because the benefit to the IP ultimately to be granted by the ESI authorities, as such they are the proper authority to evaluate it and advise to the employer as such the employer is not suppose to fill and send accident form in such cases unless have a advise of the authorities. SUPPOSE if after filling the accident form if the claim is rejected by the ESI and by virtue of admition of the employer that it happened during the course of employment employee would not claim compensation from the employer.Although it is a grey area and there is no clearcut rules/provisions on the issue but so moto filling of form of accident in such matters is not adviseble to any employer.
PKJAIN
From India, Delhi
Any accident should be informed to ESI authority without thinking its benefit. The main thing in an accident whether its in course of employment. Every day in the same route coming and going from office constitute in curse of employment. Think this if company is providing bus for going and coming which made with an accident what will happen? ESI will ask at the time of accident was he on employment ? But in W/C it is in course of employment. But if this accident results death. What will happen ?
Still if you have more question can write to me.
Siddhartha Guhathakurta
GM- HR ( labor Advisor)
sid_iss@yahoo.com
From India, Calcutta
Still if you have more question can write to me.
Siddhartha Guhathakurta
GM- HR ( labor Advisor)
sid_iss@yahoo.com
From India, Calcutta
sorry sir, i am still not agree with your contentions that every accident should be reported even if not has any nexus with employment. there is difference in informing to ESI and filling up the accident form.
Regards
pkjain
From India, Delhi
Regards
pkjain
From India, Delhi
If the Company has a Medi-claim Policy,then irrespective of the fact of 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 accident,FIR and other formalites should be completed in time to pay the compensation.In this connection, court decision referred very nicely by one of the experts bove, will be very helpful.He may be requested to refer the relevant case law, so that it can be studied in more depth.
In addition to above , on humanitirian ground, deviation could be made from the Company's Policy, with the specific approval of the Competent Authority,
Best course would be to place the matter before the Board of Directors for an apprpriate decision or to seek its post fact approval by obtaing in principle approval from your M.D./C.M.D.
From India, Delhi
In addition to above , on humanitirian ground, deviation could be made from the Company's Policy, with the specific approval of the Competent Authority,
Best course would be to place the matter before the Board of Directors for an apprpriate decision or to seek its post fact approval by obtaing in principle approval from your M.D./C.M.D.
From India, Delhi
Request advise from colleagues and Seniors. Thank you in advance for your guidance.
One of our employees while coming to office in the night shift has met with an accident. He is covered under Medical Insurance and the co- employee who saw him immediately reported to HR & Admin. He was admitted to the hospital and had undergone surgery as he had multiple fractures. Doctors advised him bed rest for three months. The employee has completed one year of service with the Company at the time of accident.
The Management ensured his medical costs as per the policy eligibility are compensated and even gave him one month pay adjusting his eligible leaves.
I have two questions:
a. Does the company have to pay his full salary till he recovers and is fit to resume work? i.e. for next two months
b. Is there a upper limit of leave that he should be extended. If he has to be paid salary is there a ceiling?
Legally are we bound to pay salary, if so for how long or how many months that we are supposed to pay someone while he/she in bed due to accident while coming to work?
At the employee's request, can we are considering to give him work from home option once he able to sit up and work. He is now in bed and not in a position.
Please do let me know your valuable advise.
Thanks & Regards,
Vijaya
From India, Hyderabad
One of our employees while coming to office in the night shift has met with an accident. He is covered under Medical Insurance and the co- employee who saw him immediately reported to HR & Admin. He was admitted to the hospital and had undergone surgery as he had multiple fractures. Doctors advised him bed rest for three months. The employee has completed one year of service with the Company at the time of accident.
The Management ensured his medical costs as per the policy eligibility are compensated and even gave him one month pay adjusting his eligible leaves.
I have two questions:
a. Does the company have to pay his full salary till he recovers and is fit to resume work? i.e. for next two months
b. Is there a upper limit of leave that he should be extended. If he has to be paid salary is there a ceiling?
Legally are we bound to pay salary, if so for how long or how many months that we are supposed to pay someone while he/she in bed due to accident while coming to work?
At the employee's request, can we are considering to give him work from home option once he able to sit up and work. He is now in bed and not in a position.
Please do let me know your valuable advise.
Thanks & Regards,
Vijaya
From India, Hyderabad
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Accident Report.doc
Mc Kinsey Report - harnessing the power of informal employee networks.pdf
Form 18 - Report of Accident.xls