Hello all, I need a clarification on one thing; I met with an accident while travelling to home from office and my esi got rejected because they have not provided esi from the date of joining & one more thing is my hr has not prepared an accident report for esi, now can I file a case on them for compensation Under Indian compensation act or if any other acts are there please help with this clarification as I met with a major accident and spent too much of money.
Thanks & Regards,
Kowshik R
From India, Bengaluru
Thanks & Regards,
Kowshik R
From India, Bengaluru
If you were not given ESI coverage, obviously, the employer cannot file an accident report. If you are entitled to ESI but there was a non compliance on the part of the employer, they are responsible to take care of medical expenses, loss of earnings, loss of earning capacity and other damages. Recovery of compensation through the Workmen Compensation Commission following Employees Compensation Act will, however, depends on your industry, your role etc. This is because the Employees Compensation Act does not have a universal application but it is applicable to such kinds of industries and persons employed therein mentioned in the Act. At the same time, ESI is applicable to all industries and all employees subject to the number of employees employed and wages respectively.
From India, Kannur
4249From India, Kannur
For accidents the contributory requirements are not applicable. Therefore, you will get accident benefits. But the HR should submit accident report online, and send a copy of the same along with a sketch of road spotting the accident site to the Branch Office. The theory of notional extension of workplace applies only if the place of accident comes under the same route along which you go home, and the time of accident should also match with the time you left the office. If there is a wide deviation from the time mentioned in the accident report for "time at which the injured left the plant" the report will be rejected.
From India, Kannur
From India, Kannur
Ok sir thanks but time line for accident report has lasted so i asked hr he is telling he don’t know about these things that need to be provided so i went to esi office and enquired they are telling time line for accident report is 3 days in some cases they told they will accept with in 1 month but i met with an accident before 6 months.
From India, Bengaluru
From India, Bengaluru
Yes, there is a time period within which the accident report needs to be submitted, and it is 3 days in normal cases. But under exceptional circumstances, delayed submission of accident report will be admissible, but in no way a report of accident taken place 6 months back can be accepted. As the compensation from ESIC was not received because of the negligence of the HR person, let him own the responsibility. This should be treated as dereliction of duty, and the HR Officer is solely responsible for that. Please ensure that as soon as the accident happened, you had sent a communication that you met wit an accident while going back to home from the plant/office. If this was done, your duty is over, the rest is to be ensured by the HR Officer only.
From India, Kannur
From India, Kannur
Filing a compliant may make them hostile, and even make your career little bit difficult. Explain the matter to the HR, his failure, his dereliction of duty, and ask for a settlement. That should include costs plus reasonable compensation, say, a percentage of income lost due to hospitalisation. If you were paid salary during your absence from work, you can avoid that element but can ask only for costs incurred. If they are not agreeing to it, then you can raise it as a dispute before the appropriate authority. First approach the Labour Officer for a conciliation.
From India, Kannur
From India, Kannur
In my considered opinion, according to Section 51C of ESI act, accidents arising to employees while they travel by transport provided by the Company is considered as accident arising in the course of employment. I feel that accident arising while travelling to and from employment otherwise will not attract Theory of Notional Extension.
However, as per Section 51E of ESI act, if nexus between the circumstances, time and place in which the accident occurred and the employment is established, it may be considered as accident arising in the course of employment. For example Sales Representatives, Service Technicians etc.
Moreover, describing an accident that happened on the road is generally not reported by the employer in the specified accident report. It will be an accident for which treatment can be rendered by ESI.
On a humanitarian ground the employer may extend financial support, but it cannot be placed as a demand.
The treatment rendered by ESI and sick leave provided by ESI will be the only compensation that will be payable to the employee injured in a road accident while travelling to and from work.
Regards
MVK
From India, Madras
However, as per Section 51E of ESI act, if nexus between the circumstances, time and place in which the accident occurred and the employment is established, it may be considered as accident arising in the course of employment. For example Sales Representatives, Service Technicians etc.
Moreover, describing an accident that happened on the road is generally not reported by the employer in the specified accident report. It will be an accident for which treatment can be rendered by ESI.
On a humanitarian ground the employer may extend financial support, but it cannot be placed as a demand.
The treatment rendered by ESI and sick leave provided by ESI will be the only compensation that will be payable to the employee injured in a road accident while travelling to and from work.
Regards
MVK
From India, Madras
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