Hii,
An employee on leave on such day that day he had met with an accident whether the employer need to file an accident report to ESI or it is comes under employment injury .pls advice in this regard
From India, Madurai
An employee on leave on such day that day he had met with an accident whether the employer need to file an accident report to ESI or it is comes under employment injury .pls advice in this regard
From India, Madurai
1534
Hello,
Leave means permission to remain away from work.
In that case, one of the conditions i.e. in the course of employment is not met. The other condition is 'arising out of'. In many cases, although on leave, employees are contacted for work related issues. If that is so, then accident while doing company's work will be employment injury. And he will be entitled to compensation.
An example - A Driver is on leave to his native place. Company has a parcel to deliver to a place near his native place and to be collected also from another place near to his native place. While doinig that if he meets with an accident, then it is employment injury.
Every case will have to be examined. No one can say for sure, whether employee is available for accident compensation while on leave.
Vibhakar Ramtirthkar
From India, Pune
Leave means permission to remain away from work.
In that case, one of the conditions i.e. in the course of employment is not met. The other condition is 'arising out of'. In many cases, although on leave, employees are contacted for work related issues. If that is so, then accident while doing company's work will be employment injury. And he will be entitled to compensation.
An example - A Driver is on leave to his native place. Company has a parcel to deliver to a place near his native place and to be collected also from another place near to his native place. While doinig that if he meets with an accident, then it is employment injury.
Every case will have to be examined. No one can say for sure, whether employee is available for accident compensation while on leave.
Vibhakar Ramtirthkar
From India, Pune
In order to be entitled to compensation for any injury under ESI or Employees Compensation Act, the accident should have happened during the course of employment and arising out of employment. In the case of an employee on leave both these are absent and hence not eligible to any compensation either from ESIC or from the employer.
From India, Kannur
From India, Kannur
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Karnataka Leave.xlsx
LEAVE APPLICATION.doc