Bandna Jamwal Started The Discussion:
Kindly advise me in one accident case. Our company driver met with an accident on 08.12.2013. He was not on duty that time.
1. Should I submit his Accident Report to the nearest branch office so that he can get the ESIC benefits.
2. Should I show in the reports that he was on duty at that time.
Kindly guide me in this matter.
Following documents need to submit to the ESIC office immediately.
1) Accident report (Online)
2) Witness statement
ESIC inspector will ask for further document
You can show him on office duty but should have proof like signature on attendance register (If movement done from office) and record state that he is in office job.
What was he actually doing at the time of the accident ?
There are already many court judgements that have stated that travelling to and from work is accident in course of employment. Does your case fall in this category ?
I think that this case doesn't fall in this category because he had come back after dispatching the goods at the destination. He had come in the factory. After that there was no goods for dispatching till night. In between he has gone to his home for personal work which is far from factory just 3 to 4 km. He went from his home to his farm for his own work & He was on bike & hit with a car & injured.
Kindly advise me that it is right to manupulate a case for getting ESIC benefits. If No then Why???? If Yes then WHY???? Kindly help me.
Thanks & Regards
I think this case might fall in the rule.
Since he was on way home from work (being officially allowed to leave)
Manipulation of records is not something I condone, but it's done all the time when the management wants to help out a worker at no cost to himself
Hello Bandna et al, This is not a case of accident arising out of employment as has been clarified by you since he was on a private visit to his farm when the accident occured. The presumption under Section 51-A as well as 51-E are not attracted in this matter. It will be ethically and morally wrong to give a false statement besides being punishable under Section 84 of the ESI Act 1948. KK
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