Dear Sirs,
Greetings.
If an employee, while coming for duty from his residence or going to his residence after the duty hours, meets with an accident and receives non-fatal or fatal injuries, can he claim any compensation from the employer? Or is the employer bound to provide compensation to the injured? If so, under which section of the law?
Regards
From India, Kadapa
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1Greetings.
If an employee, while coming for duty from his residence or going to his residence after the duty hours, meets with an accident and receives non-fatal or fatal injuries, can he claim any compensation from the employer? Or is the employer bound to provide compensation to the injured? If so, under which section of the law?
Regards
From India, Kadapa
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Mr. Khaleel,
He cannot claim any compensation from the employer. If he is covered under ESIC, he will get medical benefits and leave payment for the rest period as prescribed by the medical officer. If he is exempted from ESIC but insured under medical insurance provided by the company, he can utilize it. If he is covered under personal accident insurance, he can claim compensation.
From India, Bengaluru
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He cannot claim any compensation from the employer. If he is covered under ESIC, he will get medical benefits and leave payment for the rest period as prescribed by the medical officer. If he is exempted from ESIC but insured under medical insurance provided by the company, he can utilize it. If he is covered under personal accident insurance, he can claim compensation.
From India, Bengaluru
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The provision in the EC Act 1923 is that the accident has to arise 'out of and in the course of employment' for compensation to be payable. The notional extension of employment theory allows the travel period to be in the course of employment, but the pertinent fact is whether the injured employee was there on account of employment or the terms of employment necessitated the presence of the employee at the site of the accident, then only the compensation is payable. If the employee was there just like any bystander at the accident site, then compensation is not payable. Please examine the facts of the matter thoroughly in the above light before drawing the conclusion.
From India, Mumbai
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From India, Mumbai
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Mr Kaleel Further if he has BPL card he can avail medical benefit . On humanitarian ground Management can extend some financial help and company employees as well Regards
From India, Bengaluru
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From India, Bengaluru
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An employee who meets with an accident while coming to the workplace or going back home after work will be eligible to get compensation/ accident benefits from ESI Corporation or from the employer himself if the employee is not covered by ESI schemes, provided the place of the accident and the time of the accident match with the place along which and time at which he regularly commutes to and fro the workplace. The notional extension of the workplace will apply in such cases.
In case the employee is covered by ESI, the employer shall upload Form 12 on the ESI portal. After that, he has to submit a site map of the place of the accident (a drawing showing the place of the accident). Obviously, in the accident report, the time of completion of work on the day of the accident or the time at which he is expected to report to work will be available. That will help the Corporation to decide whether notional extension would apply to the particular case or not.
In the case of an employee not under ESI, the policy the employer would have taken under the provisions of the Employees' Compensation Act also covers such road accidents. If the employer has not taken any policy to cover the compensation payable under the Employees' Compensation Act, the employer should bear it.
From India, Kannur
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In case the employee is covered by ESI, the employer shall upload Form 12 on the ESI portal. After that, he has to submit a site map of the place of the accident (a drawing showing the place of the accident). Obviously, in the accident report, the time of completion of work on the day of the accident or the time at which he is expected to report to work will be available. That will help the Corporation to decide whether notional extension would apply to the particular case or not.
In the case of an employee not under ESI, the policy the employer would have taken under the provisions of the Employees' Compensation Act also covers such road accidents. If the employer has not taken any policy to cover the compensation payable under the Employees' Compensation Act, the employer should bear it.
From India, Kannur
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