I want to have some guidance regarding compensation payable to the employee deployed by contractor:-
1) The employee is working as helper (engaged through contractor) in filed office;
2) The employee met with an accident while coming to office;
3) The employee in question has been working for the last one year.
4) The employee is covered under ESI and PF Act.
As the employee in question does not cover under Factories Act being working in field office and also, the accident occurred outside office i.e. it did not arise out of and during employement process, therefore, does not fall in the purview of ESI Act, please guide if he is payable any compensation under ESI Act.
R. Narwal
From India, New Delhi
1) The employee is working as helper (engaged through contractor) in filed office;
2) The employee met with an accident while coming to office;
3) The employee in question has been working for the last one year.
4) The employee is covered under ESI and PF Act.
As the employee in question does not cover under Factories Act being working in field office and also, the accident occurred outside office i.e. it did not arise out of and during employement process, therefore, does not fall in the purview of ESI Act, please guide if he is payable any compensation under ESI Act.
R. Narwal
From India, New Delhi
According to a recent amendment to ESI Act, if an employee meets with an accident while going to office of work or going back home from the office of work will be treated as accident on duty provided the time of accident and place where the accident takes place match with his usual journey time and route to office or back home. Please contact the ESIC for details and ask the Contractor to send Accident Report at the earliest.
Regards,
Madhu.T.K
From India, Kannur
4242Regards,
Madhu.T.K
From India, Kannur
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SC - Compensation payable on date of accident 31.7.2012.pdf
Compensation Benchmarking Survey.doc