Dear gigi,
This falls within the ambit of "Theory of Notional Extension" as per the ruling of Hon' Supreme Court. The applicablity of this principle was under the Workmen's Compensation Act, 1923 and is also applicable in case of ESI.
Now, if the employee is covered by either of the two Acts, then he should be paid " Temporary Total Disablement Benefits". For all other all cases refer to the Company's Medical and Accident Insurance Coverage.
Regards,
SC
From India, Thane
45This falls within the ambit of "Theory of Notional Extension" as per the ruling of Hon' Supreme Court. The applicablity of this principle was under the Workmen's Compensation Act, 1923 and is also applicable in case of ESI.
Now, if the employee is covered by either of the two Acts, then he should be paid " Temporary Total Disablement Benefits". For all other all cases refer to the Company's Medical and Accident Insurance Coverage.
Regards,
SC
From India, Thane
It depends upon the agreement with the transporter obviously company should take care for the treatment of employees and in every organisation employees are covered under ESI or Mediclaim policy.
Any employee who has boarded the company bus is said be on the job and as per my understanding all the compensation/benefits should be given to him/her
Thanks
Praveen
From India, Delhi
Any employee who has boarded the company bus is said be on the job and as per my understanding all the compensation/benefits should be given to him/her
Thanks
Praveen
From India, Delhi
Dear Nikhil,
Do you have an personal accidental policy in your company?? Yes all the expanses will be borne by Company .We have faced situation where an employee died at the work place, so the company gave full compensation to his family. It requires legal work too.
Regards,
Gauri
From India, Delhi
Do you have an personal accidental policy in your company?? Yes all the expanses will be borne by Company .We have faced situation where an employee died at the work place, so the company gave full compensation to his family. It requires legal work too.
Regards,
Gauri
From India, Delhi
in oman we consider that the employee who was going to his office and met with an accident that company should bear the medical expences because he was in duty not out . NS
Friends
Thanks for the responses I received....our company have decided we should have personal accident & Mediclaim Insurance for each employee and also we will be giving full salary to employee till they are back to their work
thanks once again to all the respondent members for their response
Nikhil Kumar
+919891371119
From India, Delhi
Thanks for the responses I received....our company have decided we should have personal accident & Mediclaim Insurance for each employee and also we will be giving full salary to employee till they are back to their work
thanks once again to all the respondent members for their response
Nikhil Kumar
+919891371119
From India, Delhi
Dear All:Please let me the legal Aspect for all this scenerio. Employer is liable to pay for his slalary, leaves & compansestion till he get join to duty.Any update or act say. please reply or mail me on [IMG]https://www.citehr.com/misc.php?do=email_dev&email=Y29udGFjdC5wcmFuYXlAZ2 1haWwuY29tQw==[/IMG] CheersPranay
From India, Delhi
From India, Delhi
Dear,
While deciding the course of action please keep the following sections of workmen compensation act and existing Praccices
15. —(1) If in any employment personal injury by accident arising out of and in the course of the employment is caused to a workman, his employer shall, subject to the provisions of this Act, be liable to pay compensation in accordance with the provisions of this Act.
(2) Where an accident results in the death or serious and permanent disablement of a workman, such accident shall for the purpose of this Act be deemed to arise out of and in the course of his employment notwithstanding the fact that such workman was at the time when such accident happened acting in contravention of any statutory or other regulation applicable to his employment, or of any orders given by or on behalf of his employer, or that he was acting without instructions from his employer, if such act was done by such workman for the purpose of and in connection with his employer's trade or business.
23. —Where compensation is payable under this Act in respect of an injury to a workman which does not result in his death, the compensation shall be a weekly payment during the period of incapacity (except, where the incapacity lasts less than four weeks, the first three days of such incapacity) of an amount calculated in accordance with the rules contained in the Third Schedule to this Act.
Please let me know your views
Regards,
Bishwajeet
From United States, Long Beach
While deciding the course of action please keep the following sections of workmen compensation act and existing Praccices
Liability of employers to workmen for injuries.
15. —(1) If in any employment personal injury by accident arising out of and in the course of the employment is caused to a workman, his employer shall, subject to the provisions of this Act, be liable to pay compensation in accordance with the provisions of this Act.
(2) Where an accident results in the death or serious and permanent disablement of a workman, such accident shall for the purpose of this Act be deemed to arise out of and in the course of his employment notwithstanding the fact that such workman was at the time when such accident happened acting in contravention of any statutory or other regulation applicable to his employment, or of any orders given by or on behalf of his employer, or that he was acting without instructions from his employer, if such act was done by such workman for the purpose of and in connection with his employer's trade or business.
Amount of compensation in non-fatal cases.
Please let me know your views
Regards,
Bishwajeet
From United States, Long Beach
HI As per the Law copensation Act 1923 the employer should pay compensation because they travelled by company cab.
From India, Bangalore
From India, Bangalore
Dear Nihil,
If employee meets with an accident while reporting for duty, then the injury of the death is not attributable to employment.
Members of this cite have replied to your query, they say that medical charges should be paid by company but I beg to differ with everyone as time and again this particular case has come before the courts in different forms.
So far four different High Courts and Supreme Court in two different cases have ruled that before employee records his/her attendance injury or death is not attributable to the employer/ employment. This is applicable even when employee records in his exit attendance also.
Earlier I had preserved the the case numbers of these rulings also. But when my systems was crashed, I lost my valuable data. However, I stick to what I say.
I recommend you to take legal opinion. You can reimburse the medical expenses to foster better employee relations or out of humanity but not under legal compulsions.
Thanks,
Dinesh V Divekar
From India, Bangalore
If employee meets with an accident while reporting for duty, then the injury of the death is not attributable to employment.
Members of this cite have replied to your query, they say that medical charges should be paid by company but I beg to differ with everyone as time and again this particular case has come before the courts in different forms.
So far four different High Courts and Supreme Court in two different cases have ruled that before employee records his/her attendance injury or death is not attributable to the employer/ employment. This is applicable even when employee records in his exit attendance also.
Earlier I had preserved the the case numbers of these rulings also. But when my systems was crashed, I lost my valuable data. However, I stick to what I say.
I recommend you to take legal opinion. You can reimburse the medical expenses to foster better employee relations or out of humanity but not under legal compulsions.
Thanks,
Dinesh V Divekar
From India, Bangalore
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