Dear Sir, One of our employee has met with a Road Accident recently. He is covered under ESI Scheme. Is it possible to claim the benefits in ESI? If 'yes' , please guide me. Rgds - Jothi
From India, Coimbatore
19From India, Coimbatore
Hi Jothi,
Was He on duty at time of accident ? or Was he out side of the company premised for the Official Work & met to accident ?
IF yes, so, He can get the benefit from ESIC.
For getting the benefit from ESIC, Employer has to submit one letter stated that, all stuff with certificate from State Police of Accident (if registered) & other ESIC forms .
Regards,
From India, Mumbai
Was He on duty at time of accident ? or Was he out side of the company premised for the Official Work & met to accident ?
IF yes, so, He can get the benefit from ESIC.
For getting the benefit from ESIC, Employer has to submit one letter stated that, all stuff with certificate from State Police of Accident (if registered) & other ESIC forms .
Regards,
From India, Mumbai
If is covered under ESIC Act and on duty at the time of accident the he is definately entitled to get the benefit of accident under this act. You have to send the form no.16 (intimation of accident) under this act.
Swati
From India, Nagpur
Swati
From India, Nagpur
Dear,
I agree with tushar,pls submit the accident report and get the copy of FIR from the police.
and submit all required form so that his family can get maximum compensation.
Regards
Vipin:icon1::icon1:
From India, New Delhi
I agree with tushar,pls submit the accident report and get the copy of FIR from the police.
and submit all required form so that his family can get maximum compensation.
Regards
Vipin:icon1::icon1:
From India, New Delhi
Hi,
Please chech the time he met an accident was duty time or else as well as premises too. if it happend on duty than only he claim for ESI benefits. An application letter, ESIC form and police report is required to submit to the ESIc office for this benefit.
But first you should check the eligibility for this ESI scheme.
Thats all from my side.
Thanks & Regards,
C. Bhushan Sharma
From India, Nagpur
Please chech the time he met an accident was duty time or else as well as premises too. if it happend on duty than only he claim for ESI benefits. An application letter, ESIC form and police report is required to submit to the ESIc office for this benefit.
But first you should check the eligibility for this ESI scheme.
Thats all from my side.
Thanks & Regards,
C. Bhushan Sharma
From India, Nagpur
dear sir, this is shekhar srivastava. I would like to know about duty time in case of accident of esi coverd employee .
From India, Lucknow
From India, Lucknow
Seniors , Please guide if employee covered under ESI meets with an accident while coming to duty from home or while going to home after finishing his duty. Please clarify. Prasad
From India, Pune
From India, Pune
Dear Mr. Prasad,
Basically, when an employee reach and stary inside the premises of the organisation, than only he is eligible for any benefits in case of an accident.
But in some cases, it is also count that if a person is using the same way / path for in comming and out going to the factory / organisation and if he or she meet an accident out side the premises but in the same path which he or she usualy use to go and come to work. Than in some case, he or she is also eligible to get benefited under ESI scheme. But this is not comes under general practice but this is highly special case that wil be considered by the ESIC Authorities and Court.
This is what from my side. Let others say about this.
Thanks & Regard,
C. Bhushan Sharma
From India, Nagpur
Basically, when an employee reach and stary inside the premises of the organisation, than only he is eligible for any benefits in case of an accident.
But in some cases, it is also count that if a person is using the same way / path for in comming and out going to the factory / organisation and if he or she meet an accident out side the premises but in the same path which he or she usualy use to go and come to work. Than in some case, he or she is also eligible to get benefited under ESI scheme. But this is not comes under general practice but this is highly special case that wil be considered by the ESIC Authorities and Court.
This is what from my side. Let others say about this.
Thanks & Regard,
C. Bhushan Sharma
From India, Nagpur
Dear Jothi
Greetings!
As per ESI Act
51C. Accidents happening while travelling in employer's transport
(1) An accident happening while an insured person is, with the express or implied permission of his employer, travelling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be deemed to arise out of and in the course of his employment, if
(a) the accident would have been deemed so to have arisen had he been under such obligation; and
(b) at the time of the accident, the vehicle
(i) is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer, and
(ii) is not being operated in the ordinary course of public transport service.
(2) In this section "vehicle" includes vessel and an aircraft.
51D. Accidents happening while meeting emergency
An accident happening to an insured person in or about any premises at which he is for the time-being employed for the purpose of his employer's trade or business shall be deemed to arise out of and in the course of of his employment, if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property.
From India, Madras
Greetings!
As per ESI Act
51C. Accidents happening while travelling in employer's transport
(1) An accident happening while an insured person is, with the express or implied permission of his employer, travelling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be deemed to arise out of and in the course of his employment, if
(a) the accident would have been deemed so to have arisen had he been under such obligation; and
(b) at the time of the accident, the vehicle
(i) is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer, and
(ii) is not being operated in the ordinary course of public transport service.
(2) In this section "vehicle" includes vessel and an aircraft.
51D. Accidents happening while meeting emergency
An accident happening to an insured person in or about any premises at which he is for the time-being employed for the purpose of his employer's trade or business shall be deemed to arise out of and in the course of of his employment, if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property.
From India, Madras
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ESI For road accident.pdf
Road Accident.zip