Dear All,
One of employee met with an accident while coming to the duty. Is it liability of a company that the company should give him a compensation? Comapany is responsible for the accident of an employee while coming to duty and going home from the duty?
Is there any act applicable to it?
From India, Jamnagar
One of employee met with an accident while coming to the duty. Is it liability of a company that the company should give him a compensation? Comapany is responsible for the accident of an employee while coming to duty and going home from the duty?
Is there any act applicable to it?
From India, Jamnagar
Its upon company policy I think he is not eligible for this because at that time he left the company he is not on duty, so he is not eligible for all compensation
But the company should help maximum to the employee in such cases
Ayyaz Mehmood
From United Arab Emirates
1But the company should help maximum to the employee in such cases
Ayyaz Mehmood
From United Arab Emirates
Dear Tanvi,
I have an experience of working with three big companies(i.e. HDFC Bank, Sterlite Industries & Hindustan Zinc Ltd.) But there is no such provision in any company.
If employee is coming on duty by his/her own vehicle or arrangement then company is not resposible for that. But if he/she is coming by company bus then company is resposible for compensation because company is taking his/her resposiblity from pick up point. Otherwise company is responsible for any accident in side the company premises.
I will find out some more information & get back.
Regards,
Inderjeet Singh"Born to lead"
From India, Rajsamand
I have an experience of working with three big companies(i.e. HDFC Bank, Sterlite Industries & Hindustan Zinc Ltd.) But there is no such provision in any company.
If employee is coming on duty by his/her own vehicle or arrangement then company is not resposible for that. But if he/she is coming by company bus then company is resposible for compensation because company is taking his/her resposiblity from pick up point. Otherwise company is responsible for any accident in side the company premises.
I will find out some more information & get back.
Regards,
Inderjeet Singh"Born to lead"
From India, Rajsamand
If the employee is covered by ESI then he will get accident benefits from ESI Corporation as per the new amendment to the ESI Act provided the time and route are correct. In case not covered by ESI then the provisions of Workmen's Compensation Act will apply. Under WC Act an injury during the course of employment only will make the employer liable to pay compensation.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Dear Madhu. T. K., Can you please provide me the latest amendment of ESI. What is the latest limit for funeral expense?
From India, Jamnagar
From India, Jamnagar
hello Tanvi,
No, thr is no situation of any type of creating compansation.
he has out form duty then he occured or suffrd by accident.
so the co. will not be responsible.
Rgds-:
Trishul(Abhishek dongre.)
From India, Indore
No, thr is no situation of any type of creating compansation.
he has out form duty then he occured or suffrd by accident.
so the co. will not be responsible.
Rgds-:
Trishul(Abhishek dongre.)
From India, Indore
hi
the employee on his way back to home meet with accident definitely he is entitle for compensation under ESI Act,1948 or Workmen's compensation Act, 1935 which one is applicable.Actually same situation arises during my professional life so m sharing my experience.
if any employee during his way to company or vice versa meet with any accident liable for compensation.
WIth Regards
Surender Bisht
From India, Delhi
the employee on his way back to home meet with accident definitely he is entitle for compensation under ESI Act,1948 or Workmen's compensation Act, 1935 which one is applicable.Actually same situation arises during my professional life so m sharing my experience.
if any employee during his way to company or vice versa meet with any accident liable for compensation.
WIth Regards
Surender Bisht
From India, Delhi
ok dear frnds lets make a discussion if the employee going back to home y the transportation facility provid y company then in this case if the bus meet with accident thn employee eligible for compensatation or not??????????????????
From India, Delhi
From India, Delhi
Dear Tanvi,
Please read the caselet.. ESI 97-98 / 99 <link updated to site home> ( Search On Cite | Search On Google )
THE REGIONAL DIRECTOR ESI
VS
FRANCIS DECOSTA [1996 (74) FLR 2326 SC-D.B.]
IS THE FAMOUS SC JUDGE-MENT IN BEST VS. mrs. agnes of 1964 (3) scr 930 on “notioal extension of premises” on accidents occurring outside the factory premises at public places still valid ?
The scope of the best case of 1964. has been considerably watered down. now compensation for accidents happening outside the establishment premises can be claimed only if the injured was on the company transport or the injured was on the public place as part of his duties.
Hope you would have got clarity!
Many Thanks,
George
From India, Bangalore
Please read the caselet.. ESI 97-98 / 99 <link updated to site home> ( Search On Cite | Search On Google )
THE REGIONAL DIRECTOR ESI
VS
FRANCIS DECOSTA [1996 (74) FLR 2326 SC-D.B.]
IS THE FAMOUS SC JUDGE-MENT IN BEST VS. mrs. agnes of 1964 (3) scr 930 on “notioal extension of premises” on accidents occurring outside the factory premises at public places still valid ?
The scope of the best case of 1964. has been considerably watered down. now compensation for accidents happening outside the establishment premises can be claimed only if the injured was on the company transport or the injured was on the public place as part of his duties.
Hope you would have got clarity!
Many Thanks,
George
From India, Bangalore
Hi Tanvi,
The company is not entitled for any compensation in any circumstances as the employee was not on his duty.
An accident policy is always there for every employee from which he can get the benefit.
2 conditions:
Gross less than 15000/- :- he will be covered under ESI.
Gross more than 15000/- : his medical exp will be covered by Insurance company or can be reimbursed.
From India, Bangalore
The company is not entitled for any compensation in any circumstances as the employee was not on his duty.
An accident policy is always there for every employee from which he can get the benefit.
2 conditions:
Gross less than 15000/- :- he will be covered under ESI.
Gross more than 15000/- : his medical exp will be covered by Insurance company or can be reimbursed.
From India, Bangalore
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