Dear All,
Would request your advice that whether we should consider the cases as Accident On Duty (AOD) where an employee met with an accident while coming on shift or going back from the shift.
Please advise.
Regards
Ranjeet
From India, New Delhi
11Would request your advice that whether we should consider the cases as Accident On Duty (AOD) where an employee met with an accident while coming on shift or going back from the shift.
Please advise.
Regards
Ranjeet
From India, New Delhi
1) If an employee occurs acccident, while coming on duty from home or going from duty to home, is not duty hours.
So it will not be considered as accident on duty.
2) If an employee goes directly from home to any authorized official work and occurs accident, it will be considered as Accident on duty.
3) If an employee, after coming to Company, goes for out door duty for the day throughout without returning back to Company, and occurs accident, it will be considered as Accident on duty.
Experts please correct if wrong.
Regards,
Smitha
From India, Thana
So it will not be considered as accident on duty.
2) If an employee goes directly from home to any authorized official work and occurs accident, it will be considered as Accident on duty.
3) If an employee, after coming to Company, goes for out door duty for the day throughout without returning back to Company, and occurs accident, it will be considered as Accident on duty.
Experts please correct if wrong.
Regards,
Smitha
From India, Thana
Dear Ranjeet and Smita
If the accommodation is provided by the company and if the accident occurs while on the way to work or return from the work then it also considered as accident on duty. But it will not effect the Safe Man Hours calculation in the Industry.
From India, Kumbakonam
If the accommodation is provided by the company and if the accident occurs while on the way to work or return from the work then it also considered as accident on duty. But it will not effect the Safe Man Hours calculation in the Industry.
From India, Kumbakonam
Dear Smit/Bhaskar,
Thanks for your responses.
After going through the ESCI act also, i found the outside accident (related to work0 should be included i.e. coming for the shift or while going back from the shift but i suppose tht there is judgment given by the Supremem court after which companies are not considering outside cases.
Could you please forward me the reference for the above mentioned details including the accomodation one also.
Regards
Ranjeet
From India, New Delhi
Thanks for your responses.
After going through the ESCI act also, i found the outside accident (related to work0 should be included i.e. coming for the shift or while going back from the shift but i suppose tht there is judgment given by the Supremem court after which companies are not considering outside cases.
Could you please forward me the reference for the above mentioned details including the accomodation one also.
Regards
Ranjeet
From India, New Delhi
Dear Ranjeet,
Yes, you have to take it as an Accident on Duty, the compensation / treatment has to be taken by the employer / ESI dept(If applicable).
In the amendment made in 2010 of ESI act section 51-E has been inserted
Under the section 51-E of ESI Act.
Accidents happening while commuting to the place of work and vice versa. — An accident occuring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occured and the employment is established.
From India, Mumbai
Yes, you have to take it as an Accident on Duty, the compensation / treatment has to be taken by the employer / ESI dept(If applicable).
In the amendment made in 2010 of ESI act section 51-E has been inserted
Under the section 51-E of ESI Act.
Accidents happening while commuting to the place of work and vice versa. — An accident occuring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occured and the employment is established.
From India, Mumbai
[QUOTE=smi227;1760630]1) If an employee occurs acccident, while coming on duty from home or going from duty to home, is not duty hours.
So it will not be considered as accident on duty.
2) If an employee goes directly from home to any authorized official work and occurs accident, it will be considered as Accident on duty.
3) If an employee, after coming to Company, goes for out door duty for the day throughout without returning back to Company, and occurs accident, it will be considered as Accident on duty.
Experts please correct if wrong.
Regards,
jaydevlnt
From India, Ambala
So it will not be considered as accident on duty.
2) If an employee goes directly from home to any authorized official work and occurs accident, it will be considered as Accident on duty.
3) If an employee, after coming to Company, goes for out door duty for the day throughout without returning back to Company, and occurs accident, it will be considered as Accident on duty.
Experts please correct if wrong.
Regards,
jaydevlnt
From India, Ambala
this is the correct legal position any accident having nexus with duty is said to have arisen while on duty.
From India, Pune
From India, Pune
echoing shenbagarajan..
Bhaskar, despite company provided accomodation/ transport etc it need not be considered to be a workplace accident.
A comprehensive Insurance cover offsets all such liabilities.
From India, Delhi
Bhaskar, despite company provided accomodation/ transport etc it need not be considered to be a workplace accident.
A comprehensive Insurance cover offsets all such liabilities.
From India, Delhi
Dear Jeeni,
From Residence coming to duty = on duty
From Office to other place official work = on duty
From Residence to official work directly = on duty
From Office to official work and then to residence = on duty
From Office to back to his residence = on duty
Working outstation for official purposes = on duty
hope this will clear your doubts
Thanks
From India, Secunderabad
From Residence coming to duty = on duty
From Office to other place official work = on duty
From Residence to official work directly = on duty
From Office to official work and then to residence = on duty
From Office to back to his residence = on duty
Working outstation for official purposes = on duty
hope this will clear your doubts
Thanks
From India, Secunderabad
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