If employee coming from home to office and met an accident its liability of employer or not? please suggets

Hi,

If the Employee is covered under ESI ESI Act? The accidents caused during commutation to work and back are considered work related and paid benefits to the covered IPs.

If Employer had provided Mediclaim insurance facility the the same can also be utilized for hospitalization expenses.

From India, Madras
KK!HR
1534

There is a mistaken notion that any accident caused while travelling to and from the workplace is covered under the EC Act and is the liability of the employer to compensate. The statutory provision is 'whether the accident arose out of and in the course of extension', the notional extension theory applies for determining the issue, during the course of employment but whether the accident arose out of employment too has to be seen. So, was the employee at the accidental site in the capacity of being a company employee (i.e., it is not a public road where other people too are commuting)? In that background, the accident is to be seen and analysed,
From India, Mumbai
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