Dear All, One of our employee while going back to home met with an accident.Do we need to give accident report to the ESI. Kindly provide the suggestions. Thanks & Regards C.M.Mohla
From India, Delhi
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19From India, Delhi
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Dear Mr Mohla , You need to give accident report for this with statements of 2 witness . Ashe
From India, Dehra Dun
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From India, Dehra Dun
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Dear Mr. C.M. Mohla,
If the employee is covered under the ESI Act, then he would definitely be entitled to benefits from ESIC. However, you need to send Form No. 16, an intimation of the accident. Please submit the accident report and obtain a copy of the FIR from the police.
Thank you.
From India, Visakhapatnam
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If the employee is covered under the ESI Act, then he would definitely be entitled to benefits from ESIC. However, you need to send Form No. 16, an intimation of the accident. Please submit the accident report and obtain a copy of the FIR from the police.
Thank you.
From India, Visakhapatnam
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Dear Ashe, How are we supposed to get witnesses statement when it is outside the office premises and we came to know about it only after 3-4 days of accident. Kindly advise Thanks & Regards C.M.Mohla
From India, Delhi
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From India, Delhi
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There should be a nexus between the circumstances of the accident and the employment. Whether the accident occurs within or out of the territory is not important. If it is sufficiently proved that the injury to the employee was by an accident arising out of and in the course of employment, no matter when and where it occurred. A mere road accident on a public road while the employee was on his way home or factory cannot be said to have its origin in his employment in the factory. Referring to Regional Director ESI v Francis de Costa, 1997LLJI34c. So in your case, sir, I don't think you have to pay ESI benefits. But do wait for some seniors to pour their view into these.
From India, Calcutta
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From India, Calcutta
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This case falls under Section 51E of the ESI Act. The accident shall be deemed as an employment injury if the nexus between the circumstances, time, and place of the accident is established. It is up to the employee to establish this with the ESIC. The employer should also help the employee. You should notify this provision to the employee. Since the inclusion of Section 51E, the case referred to by Mr. Mukherjee is not relevant. If the employee is not covered as an Insured Person (IP), the employer will be liable under the Employee Compensation Act if the employment is covered under Schedule 11 of the EC Act.
Varghese Mathew
Labour Law Adviser
email: varghese21283@gmail.com
From India, Thiruvananthapuram
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Varghese Mathew
Labour Law Adviser
email: varghese21283@gmail.com
From India, Thiruvananthapuram
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Dear Mohla,
The first thing you need to do is take an FIR from the police station where the accident occurred. Then, prepare all the details of the accident, such as the place, time, date, and purpose of traveling. After that, fill out Form 16 and submit it to the local ESI office branch.
Please also remember to take a sketch copy of the accident scene from the police station.
If you are planning for reimbursement, kindly let me know, and I will guide you accordingly.
Thank you.
From India, Bangalore
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The first thing you need to do is take an FIR from the police station where the accident occurred. Then, prepare all the details of the accident, such as the place, time, date, and purpose of traveling. After that, fill out Form 16 and submit it to the local ESI office branch.
Please also remember to take a sketch copy of the accident scene from the police station.
If you are planning for reimbursement, kindly let me know, and I will guide you accordingly.
Thank you.
From India, Bangalore
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There is ample case study and Court judgment on any accident happening outside the premises of a factory. Basically, if an accident occurs on the way to his house either coming to duty or going home after duty or has been sent on some duty, it should be that the route taken is the normal route and it should fall within a 1 km radius from the factory. It should have happened within one hour from the time of leaving the house and after leaving the premises of the factory, then the nexus is established as circumstances to be termed as "notional extension." Otherwise, it does not qualify as an accident that has taken place during and in the course of employment. Wherever it is not covered under ESI, then the WCA Act will come into play.
Every company should cover all its employees under a separate Personal Accident Policy other than ESI or WCA Act invariably. Getting a Panchanama as a witness is the job of the Police before filing the FIR. One caution in this case: if the employee claims under the MV Act, then he...
From India, Madras
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Every company should cover all its employees under a separate Personal Accident Policy other than ESI or WCA Act invariably. Getting a Panchanama as a witness is the job of the Police before filing the FIR. One caution in this case: if the employee claims under the MV Act, then he...
From India, Madras
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Dear Mr. Manohar,
I appreciate your comments. However, can you provide a reference to the judgment regarding notional extension if the accident happened within a 1 KM radius from the factory? Can it be claimed in the absence of the insertion of such provisions in the Act?
From India, Delhi
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I appreciate your comments. However, can you provide a reference to the judgment regarding notional extension if the accident happened within a 1 KM radius from the factory? Can it be claimed in the absence of the insertion of such provisions in the Act?
From India, Delhi
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From India, Delhi
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[HTML]I agree with Mr. Methew that the case in hand will fall under section 51E of the ESI Act. This section inserted by Act 18 of 2010 applicable w.e.f. 1.6.2010, which provides that
“An accident occurring 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 occurred and the employment is established.”
But I don’t think there is any requirement to send form 16 for the employer in such a case. No employer to suppose to go polish station and obtain the FIR and then submit form 16. Although it is still a grey area and there is no clear cut guidelines so far on the subject.
You may please take reference of Reg 68 of ESIR, 1950 which provides the duty of employer as to when and what manner accident report to be sent. In such a case it is not necessary for employer to send report in form no.16. It is the duty of employee concerned to establish nexus of accident with the employment. However, the employer may furnish details of employment on demand of the ESI authorities.
PKJAIN[/HTML]
“An accident occurring 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 occurred and the employment is established.”
But I don’t think there is any requirement to send form 16 for the employer in such a case. No employer to suppose to go polish station and obtain the FIR and then submit form 16. Although it is still a grey area and there is no clear cut guidelines so far on the subject.
You may please take reference of Reg 68 of ESIR, 1950 which provides the duty of employer as to when and what manner accident report to be sent. In such a case it is not necessary for employer to send report in form no.16. It is the duty of employee concerned to establish nexus of accident with the employment. However, the employer may furnish details of employment on demand of the ESI authorities.
PKJAIN[/HTML]
From India, Delhi
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