Dear Tanvi,

The amount for funeral cases under the ESIC Act is ₹5000 as per the new amendment. Previously, it was ₹3000.

The latest amendment under ESIC is the enhancement of the ceiling from ₹10,000 to ₹15,000 for coverage under the ESIC Act.

Regards,
Mohan

From India, Mumbai
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Dear Friends,

If the accident took place while coming in the company's vehicle, the Management has to provide him the medical treatment, etc. The ESI law is very clear. If the accident took place at the workplace only, he gets benefits. I had experience with ESI authorities in this regard. In case the employee is out of premises, and if he is on duty (like marketing personnel), he is eligible for benefits from ESI.

Many companies have policies to provide benefits to their employees in such cases on humanitarian grounds.

G.K. Manjunath
Manager-HR

From India, Bangalore
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I have no idea about this, but the company should help their family in:

1. Getting ESI Compensation (if he is covered under ESI).
2. Getting PF (if he is covered under PF).
3. Getting Gratuity along with death claim (if he is covered under Gratuity).

His family will also get accident claim insurance against the insurance of the vehicle which hit him.

I am mentioning all these because you must be familiar with practical matters, or perhaps you have seen the movie "Munna Bhai MBBS," where a retired school teacher struggles to get his PF.

Regards,
Modi Ashok Kumar

From India, Bangalore
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Hi,

If your view of "Compensation" is related to providing a lump sum amount to the employee in the event of a road accident, my answer is "NO". However, as per the organization's rules where an employee is employed, the organization should bear the medical expenses arising from the accident.

Ajeet Kumar

From India, Mumbai
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Hi all,

If the employee has been traveling in the company-provided transportation, then I think the company is responsible. This is my statement since the statutory authorities have clarified that the duty starts when the employee boards the company-provided transportation.

If the employee is not traveling in the company-provided transportation, the company is not legally bound.

Good luck!

Regards,
Dhinakaran

From India, Hyderabad
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Hello Everyone,

As per my knowledge, the "Workmen's Compensation Act 1923" will provide compensation to this employee. The WC Act extends the employee security rule and states (theory of notional extension) that an employer is liable for injury to his workman even when the workman is away from the premises at the time of the accident. This theory was laid down by the Supreme Court in Saurashtra Salt Mfg. Co Vs. Bai Valu Raja.

Please refer to the attached PowerPoint presentation.

Regards, Jyoti HR Executive.

From India, Hyderabad
Attached Files (Download Requires Membership)
File Type: ppt WC Act.ppt (409.5 KB, 873 views)

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Dear,

The law is more favorable to the employee. The earlier replies would confirm the coverage under ESI and W.C. Apart from that, companies take out a Personal Accident cover, and if the company has taken it, then it is fine. Additionally, depending on the nature of the accident, if it is a collision case and another vehicle is involved, he can make a third-party claim against the insurer of the other vehicle. So many options are there. The strict rule of "in the course of employment" has been extended "to and fro" from the workplace.

With Regards,

E-mail: rajanassociates@eth.net
Mobile: 9025792684.

From India, Bangalore
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From India, Pune
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Yes, I believe it is essential for an organization to take care of employees for them to come home safe and reach the office safely. In case of any accidents, the company has to provide compensation. If there is any permanent disability or death, the company should offer job opportunities for the spouse or children to support the family. I have a friend who met with a fatal accident in Hyderabad while working for one of the biggest computer companies. They provided him with full compensation for medical bills and also took care of his medical treatment, including medicines, for a year.
From Singapore
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Dear tanvi Recently there is ammendment in ESI rules, If the employee who have met accident covered under ESI then he gets benefits from it. ESI now cover while commuting to work.
From India, Chandigarh
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