Road Accident Coverage In ESI Scheme - Employee Benefits - CiteHR
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Manager - Human Resource
Deputy Manager - Hr, Ir And Admin
Srinath Sai Ram
Hr Manager
Michael Nicholas
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Dear Sir, One of our employee has met with a Road Accident recently. He is covered under ESI Scheme. Is it possible to claim the benefits in ESI? If 'yes' , please guide me. Rgds - Jothi
Hi Jothi,
Was He on duty at time of accident ? or Was he out side of the company premised for the Official Work & met to accident ?
IF yes, so, He can get the benefit from ESIC.
For getting the benefit from ESIC, Employer has to submit one letter stated that, all stuff with certificate from State Police of Accident (if registered) & other ESIC forms .

If is covered under ESIC Act and on duty at the time of accident the he is definately entitled to get the benefit of accident under this act. You have to send the form no.16 (intimation of accident) under this act.

I agree with tushar,pls submit the accident report and get the copy of FIR from the police.
and submit all required form so that his family can get maximum compensation.

Please chech the time he met an accident was duty time or else as well as premises too. if it happend on duty than only he claim for ESI benefits. An application letter, ESIC form and police report is required to submit to the ESIc office for this benefit.
But first you should check the eligibility for this ESI scheme.
Thats all from my side.
Thanks & Regards,
C. Bhushan Sharma

dear sir, this is shekhar srivastava. I would like to know about duty time in case of accident of esi coverd employee .
Seniors , Please guide if employee covered under ESI meets with an accident while coming to duty from home or while going to home after finishing his duty. Please clarify. Prasad
Dear Mr. Prasad,
Basically, when an employee reach and stary inside the premises of the organisation, than only he is eligible for any benefits in case of an accident.
But in some cases, it is also count that if a person is using the same way / path for in comming and out going to the factory / organisation and if he or she meet an accident out side the premises but in the same path which he or she usualy use to go and come to work. Than in some case, he or she is also eligible to get benefited under ESI scheme. But this is not comes under general practice but this is highly special case that wil be considered by the ESIC Authorities and Court.
This is what from my side. Let others say about this.
Thanks & Regard,
C. Bhushan Sharma

Dear Jothi


As per ESI Act

51C. Accidents happening while travelling in employer's transport
(1) An accident happening while an insured person is, with the express or implied permission of his employer, travelling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be deemed to arise out of and in the course of his employment, if
(a) the accident would have been deemed so to have arisen had he been under such obligation; and
(b) at the time of the accident, the vehicle
(i) is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer, and
(ii) is not being operated in the ordinary course of public transport service.
(2) In this section "vehicle" includes vessel and an aircraft.
51D. Accidents happening while meeting emergency
An accident happening to an insured person in or about any premises at which he is for the time-being employed for the purpose of his employer's trade or business shall be deemed to arise out of and in the course of of his employment, if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property.

hi Prasad,
As you asked the question, That particular person will not eligible for getting any benefit from ESIC Dept
but, He or she can get the free of cost treatment from ESIC doctor, in case of he has already registered to any ESIC doctor.

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