Dear All, If an employee coming to duty by a personal vehicle and got injured in an accident then "what is the employer’s responsibility"?
From India
Acknowledge(0)
Amend(0)
From India
Acknowledge(0)Amend(0)
Dear Mr. Ansari,
If an employee is coming to duty by a personal vehicle and meets with an accident, the employer needs to take responsibility and compensate. To prevent such mishaps, the employer must take off-site safety precautions for his employees (as they are the most valuable asset):
- Road safety awareness trainings
- Defensive driving training courses
- Allow only those with authorized licenses
- For two-wheelers, helmets are compulsory (ISI Mark)
- Make seat belt usage compulsory
- Conduct vehicle inspections by a safety officer for basic maintenance.
etc.
Thanks,
Abhay
From India, Thana
Acknowledge(0)Amend(0)
24If an employee is coming to duty by a personal vehicle and meets with an accident, the employer needs to take responsibility and compensate. To prevent such mishaps, the employer must take off-site safety precautions for his employees (as they are the most valuable asset):
- Road safety awareness trainings
- Defensive driving training courses
- Allow only those with authorized licenses
- For two-wheelers, helmets are compulsory (ISI Mark)
- Make seat belt usage compulsory
- Conduct vehicle inspections by a safety officer for basic maintenance.
etc.
Thanks,
Abhay
From India, Thana
Acknowledge(0)Amend(0)
Hi,
I think no company will take the responsibility on them because he/she is not on duty. Secondly, most companies offer GPA (Group Personal Accident) so that if any mishap occurs, employees can utilize the facility.
Thanks,
Deepak
From Japan
Acknowledge(0)Amend(0)
I think no company will take the responsibility on them because he/she is not on duty. Secondly, most companies offer GPA (Group Personal Accident) so that if any mishap occurs, employees can utilize the facility.
Thanks,
Deepak
From Japan
Acknowledge(0)Amend(0)
Hello!
The individual must be covered by Group Personal Accident Insurance. Whether they were coming for duty in a private vehicle or their own vehicle does not matter. If the individual is not covered by the Group Personal Accident policy, then the employer has to bear the expenses.
Warm regards,
Pranab Chakraborty
9404384433
From India, Mumbai
Acknowledge(0)Amend(0)
The individual must be covered by Group Personal Accident Insurance. Whether they were coming for duty in a private vehicle or their own vehicle does not matter. If the individual is not covered by the Group Personal Accident policy, then the employer has to bear the expenses.
Warm regards,
Pranab Chakraborty
9404384433
From India, Mumbai
Acknowledge(0)Amend(0)
Employer is not not responsible for such accidents and related compensation. GPA is not mandatory. pon
From India, Lucknow
Acknowledge(0)Amend(0)
From India, Lucknow
Acknowledge(0)Amend(0)
Hello,
If the employee has not been provided any company's conveyance to report for duty and the route by which the employee concerned was coming for duty is a normal route, then this route is termed as "Notional Extension of duty place". In such cases, the employee is eligible for payment of Employees' Compensation as per the Employees Compensation Act. Though the onus lies upon the employee to prove that the route he was taking to report for duty is the shortest and most convenient route, and this route is generally used by other employees who happen to come from the same or nearby places for duty. In such instances, compensation has been paid, if proven.
AK Jain
From India, New+Delhi
Acknowledge(0)Amend(0)
If the employee has not been provided any company's conveyance to report for duty and the route by which the employee concerned was coming for duty is a normal route, then this route is termed as "Notional Extension of duty place". In such cases, the employee is eligible for payment of Employees' Compensation as per the Employees Compensation Act. Though the onus lies upon the employee to prove that the route he was taking to report for duty is the shortest and most convenient route, and this route is generally used by other employees who happen to come from the same or nearby places for duty. In such instances, compensation has been paid, if proven.
AK Jain
From India, New+Delhi
Acknowledge(0)Amend(0)
Dear AK Jain,
That's a perfect answer! I appreciate your understanding and expertise with respect to the Employee's Compensation Act and its provisions. Not just an accident while coming to the workplace/office, but even any accident outstation in the company's work is liable for compensation. It does not matter if the vehicle is personal (own vehicle), private (someone's or a friend's vehicle), hired (taxi or a contract carriage), or public transport (bus or train). All companies/industries have to ensure compliance with the Act, including the submission of statutory returns. Sadly, the lack of awareness indicates the level of compliance. The procedure adopted to process such cases for compensation, like the constitution of a (standing) committee, etc., and to inquire into such incidents for the veracity of claims, have also been discussed in certain threads on CiteHR.com.
Warm regards.
From India, Delhi
Acknowledge(0)Amend(0)
That's a perfect answer! I appreciate your understanding and expertise with respect to the Employee's Compensation Act and its provisions. Not just an accident while coming to the workplace/office, but even any accident outstation in the company's work is liable for compensation. It does not matter if the vehicle is personal (own vehicle), private (someone's or a friend's vehicle), hired (taxi or a contract carriage), or public transport (bus or train). All companies/industries have to ensure compliance with the Act, including the submission of statutory returns. Sadly, the lack of awareness indicates the level of compliance. The procedure adopted to process such cases for compensation, like the constitution of a (standing) committee, etc., and to inquire into such incidents for the veracity of claims, have also been discussed in certain threads on CiteHR.com.
Warm regards.
From India, Delhi
Acknowledge(0)Amend(0)
There are some cases where the employment of a workman does not commence until he has reached the place of employment and when he has left the place of employment, the journey to and from the place of employment being excluded.
Mummidipalli Syamaladvi v. Regional Director, Employees' State Insurance Corporation, 2003 LLR 538, 2003 (97) FLR 372 (AP He).
From India, Lucknow
Acknowledge(0)Amend(0)
Mummidipalli Syamaladvi v. Regional Director, Employees' State Insurance Corporation, 2003 LLR 538, 2003 (97) FLR 372 (AP He).
From India, Lucknow
Acknowledge(0)Amend(0)
Dear Pon,
Could you provide a detailed reference of the case? What you have referenced appears to be related to employment, particularly concerning employment hours and periods for the purpose of wage payment. For that purpose, employment will commence when a person is at their place of work and conclude when they leave. It is not permissible for them to claim wages for the time spent on the journey.
Warm regards.
From India, Delhi
Acknowledge(0)Amend(0)
Could you provide a detailed reference of the case? What you have referenced appears to be related to employment, particularly concerning employment hours and periods for the purpose of wage payment. For that purpose, employment will commence when a person is at their place of work and conclude when they leave. It is not permissible for them to claim wages for the time spent on the journey.
Warm regards.
From India, Delhi
Acknowledge(0)Amend(0)
Dear Raj Kumar,
Please read this Supreme Court judgment wherein the road accident occurred outside the premises and the issue of compensation repudiation was discussed.
The Regional Director, E.S.I. vs. Francis De Costa & Anr on 11 September 1996
You can find more details about the case [here](http://indiankanoon.org/doc/1095646/).
Pon, Chennai
From India, Lucknow
Acknowledge(0)Amend(0)
Please read this Supreme Court judgment wherein the road accident occurred outside the premises and the issue of compensation repudiation was discussed.
The Regional Director, E.S.I. vs. Francis De Costa & Anr on 11 September 1996
You can find more details about the case [here](http://indiankanoon.org/doc/1095646/).
Pon, Chennai
From India, Lucknow
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.