Hi, As per the Act if employee is traveling via Company’s provided vehicle during his course of employment then it is responsibility of employer to give compensation.
From Germany, Duisburg
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From Germany, Duisburg
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Dear all Notional extnsion will be applicable and the employee will getthe compensesation. n.e is applicable both ESI & WC The distance cover is 10 km between work place and home Regards Subhas
From India, Mumbai
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From India, Mumbai
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Dear Friends,
To make it clear, I will give three examples:
Company A provided a bus to all of their employees for pick-up and dropping off of their employees. If any accident occurred to the bus during the journey, the employer is responsible.
Mr. X, who is working in Company A, goes to the office by bike, met with an accident, and suffered major injuries - the employer is not responsible.
Mr. Y, working as a Marketing executive in Company A, met with an accident and died while going to meet a client - the employer is responsible.
Regards,
Rajendra Prasad
From India, Warangal
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15To make it clear, I will give three examples:
Company A provided a bus to all of their employees for pick-up and dropping off of their employees. If any accident occurred to the bus during the journey, the employer is responsible.
Mr. X, who is working in Company A, goes to the office by bike, met with an accident, and suffered major injuries - the employer is not responsible.
Mr. Y, working as a Marketing executive in Company A, met with an accident and died while going to meet a client - the employer is responsible.
Regards,
Rajendra Prasad
From India, Warangal
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In my opinion, "out of and in the course of his employment" includes the journey to the office and back home. Reproduced below is the phrase from the Workmen's Compensation Act:
Employer's Liability For Compensation
1. The employer of any establishment covered under this Act is required to compensate an employee:
Who has suffered an accident arising out of and in the course of his employment, resulting in (i) death, (ii) permanent total disablement, (iii) permanent partial disablement, or (iv) temporary disablement whether total or partial, or
2. Who has contracted an occupational disease.
HOWEVER, THE EMPLOYER SHALL NOT BE LIABLE
1. In respect of any injury that does not result in the total or partial disablement of the workmen for a period exceeding three days;
2. In respect of any injury not resulting in death, caused by an accident directly attributable to:
i) the workmen having been at the time under the influence of drugs, or
ii) the willful disobedience of the workman to an order expressly given, or to a rule expressly framed for the purpose of securing the safety of workmen, or
iii) the willful removal or disregard by the workmen of any safeguard or other device which he knew was provided for the purpose of securing the safety of workmen.
The burden of proving intentional disobedience on the part of the employee shall lie upon the employer.
iv) when the employee has contracted a disease not directly attributable to a specific injury caused by the accident or to the occupation; or
v) when the employee has filed a suit for damages against the employer or any other person in a Civil Court.
Regards,
HC Nagar
From India, New Delhi
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Employer's Liability For Compensation
1. The employer of any establishment covered under this Act is required to compensate an employee:
Who has suffered an accident arising out of and in the course of his employment, resulting in (i) death, (ii) permanent total disablement, (iii) permanent partial disablement, or (iv) temporary disablement whether total or partial, or
2. Who has contracted an occupational disease.
HOWEVER, THE EMPLOYER SHALL NOT BE LIABLE
1. In respect of any injury that does not result in the total or partial disablement of the workmen for a period exceeding three days;
2. In respect of any injury not resulting in death, caused by an accident directly attributable to:
i) the workmen having been at the time under the influence of drugs, or
ii) the willful disobedience of the workman to an order expressly given, or to a rule expressly framed for the purpose of securing the safety of workmen, or
iii) the willful removal or disregard by the workmen of any safeguard or other device which he knew was provided for the purpose of securing the safety of workmen.
The burden of proving intentional disobedience on the part of the employee shall lie upon the employer.
iv) when the employee has contracted a disease not directly attributable to a specific injury caused by the accident or to the occupation; or
v) when the employee has filed a suit for damages against the employer or any other person in a Civil Court.
Regards,
HC Nagar
From India, New Delhi
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Dear Tanvi,
I worked on your question and after discussing with legal personnel, I came to know that when a person "starts from his home and leaves company for his home", this time period is called "during the course of employment" as per ESI act. And that person you are talking about is entitled to get all compensations as per ESI act. (Kindly ignore my first answer as practically I never faced this kind of cases.)
Regards,
Inderjeet Singh "Born to lead"
From India, Rajsamand
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I worked on your question and after discussing with legal personnel, I came to know that when a person "starts from his home and leaves company for his home", this time period is called "during the course of employment" as per ESI act. And that person you are talking about is entitled to get all compensations as per ESI act. (Kindly ignore my first answer as practically I never faced this kind of cases.)
Regards,
Inderjeet Singh "Born to lead"
From India, Rajsamand
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Dear sir,
There was a provision of responsibility of the employer to compensate if a worker meets with an accident while coming or going from the factory by a legitimate route to and from his residence. However, there was a lot of misuse, and a Supreme Court judgment was passed in which "to and fro" was removed as a basis of compensation in the Fys act.
You may search in Supreme Court judgments.
E R Rao
From India, Calcutta
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There was a provision of responsibility of the employer to compensate if a worker meets with an accident while coming or going from the factory by a legitimate route to and from his residence. However, there was a lot of misuse, and a Supreme Court judgment was passed in which "to and fro" was removed as a basis of compensation in the Fys act.
You may search in Supreme Court judgments.
E R Rao
From India, Calcutta
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I feel very bad. Get well soon. God bless you.
An incident happened when he was going to the office. Every company provides insurance facilities to their employees for accidents. All these facilities depend on the company's criteria, but insurance is compulsory. What you need to do is approach the HR department.
From India, Mumbai
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An incident happened when he was going to the office. Every company provides insurance facilities to their employees for accidents. All these facilities depend on the company's criteria, but insurance is compulsory. What you need to do is approach the HR department.
From India, Mumbai
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Dear All, Can any one share me the calculation of deduction of Workmen Compensatation Act? For Employee? For Employer? What will be the ceilling.
From India, Mumbai
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From India, Mumbai
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It is not a sharing fund, but whatever compensation is payable under the Workmen's (Employees) Compensation Act is to be borne only by the employer, and nothing is deducted from the salary of the employee(s).
Regards,
Madhu.T.K
From India, Kannur
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Regards,
Madhu.T.K
From India, Kannur
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Dear friends,
Please give the right suggestions to those who need your help. If you are not confident in what you are writing, please do not comment. This can lead to a lot of confusion for the person who is already in pain.
If the establishment in which the employee was injured or deceased is covered under PF, when a person meets with an accident on the way to work or vice versa, it is considered as a death while in service and the employee's dependents are eligible for insurance under Form 5 IF. Similarly, if the establishment is covered under ESI, the same applies. Kindly obtain the correct information from the concerned department and avail the appropriate benefits.
From India, Bangalore
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Please give the right suggestions to those who need your help. If you are not confident in what you are writing, please do not comment. This can lead to a lot of confusion for the person who is already in pain.
If the establishment in which the employee was injured or deceased is covered under PF, when a person meets with an accident on the way to work or vice versa, it is considered as a death while in service and the employee's dependents are eligible for insurance under Form 5 IF. Similarly, if the establishment is covered under ESI, the same applies. Kindly obtain the correct information from the concerned department and avail the appropriate benefits.
From India, Bangalore
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Employee Benefits.doc