Dipil
Safety Consultant
Alphonse
Manager -hr&a
Nagarjunahr
Hr - Executive
Ajaygodhane
Safety Professional
Satyaprasad.rayudu
Asst Manager Hr
+6 Others

Dear all Seniors,
I need your guidance on following
One of our company employee met with a road accident while returning to home after finishing his duties on motor cycle he is now hospitalised since two days
1) whether this incident is to be considered as a lost time incident in companies annual statistics.
2) Are there any liabilities on company in this case regarding compensation etc.
pl advice
regards
ajay
24th September 2011 From India, Mumbai
Dear Friend
Whether he was covered under ESI scheme? If it so while returning to home after finishing his duties will come under connection with employment injury and he is eligible for ESI benefit.
Kindly inform to yout nearest dispensary.
On humanitarian grounds the company should take care of his medical expenses since this injury connected with employment
Regards
alphonse
24th September 2011 From India, Madras
Dear Sir, thanks for immidiate reply.
On humanitarian ground company already started taking care of him.
The person is covered under ESI.
But I want to know the leagal aspects for my knowledge and also wheater I should include this incident in my annual statistics for calculating Frequency rate and SR of the company or not?
pl guide
regards
ajay
24th September 2011 From India, Mumbai
Dear Ajay
You don't need to count this case as an LTI into your Anual Statistics... This is an off site incident and only for getting the insurance benefits you need to report this case and claim to insurance company...
Dear Mr. Alphonse
Thanks for your valuable inputs... Keep on participate and keep on sharing...
24th September 2011 From India
Dear friend What is it means: "calculating Frequency rate and SR of the company" Regards Alphonse 8056699993
24th September 2011 From India, Madras
Dear Alphonse
Please go through the below thread. I hope this will answer your query:
https://www.citehr.com/340743-rate-a...man-hours.html
24th September 2011 From India
Dear Dipil Sir, thanks for reply.. But, what about company liabilities in case if the person is not covered under ESI Is it companies responsibility as per law in this case??? regards Ajay
25th September 2011 From India, Mumbai
Dear Alphonse,
As the accident happened in off site and after working hours , so it doen't come under your company liability . But , your company is covered by any insurance company you have to intimate immediately to them orally with in 24 hrs and thru letter in a week .
Its good if you are giving support and treatment from company side under humanitarian grounds .
with regards
P.V.Ramana Kumar
Soma Enterprise Limitd
Bangalore
25th September 2011 From India, Bangalore
Dear Ajay,
Please note that if any accidents occurs out side of premises as a statutory part you need not have to worry as employer because in recent judgement of chennai high court in similar case was if transportation is provided by employer for transportation of employees then only employers has pay the compensation by either way that might be by insurance coverage or from his pocket if coverage is not taken.
Regards,
Nilesh Kumar Harge
26th September 2011 From India, Pune
Dear mr. Ajay if yours employee coverd under esic then the company is responseble under 4 kilometer area and half hour time returning and coming in company . Thanks pawan bhatia 09812585353
26th September 2011 From India, Bahadurgarh
Dear Friend
while returning to home after finishing his duties will come under connection with employment injury and This is an off site incident and only for getting the insurance benefits you need to report this case and claim to insurance .wheher he is having esi card of the nearest dispensary near his house or company . if yes .
Kindly inform to yout nearest dispensary.
On humanitarian grounds the company should take care of his medical expenses since this injury connected with employment and You don't need to count this case as an LTI into your Anual Statistics...
26th September 2011 From India, Delhi
Hi
I have to submit a report on one of the following topics:-
Philosophy and Management of Human Resources in select large sized Indian
Industries
2. Leadership styles – A comparison of Indian and Foreign Banks in Pune
3. Job satisfaction and Job involvement of employees in select Textile Mills in
Gujarat
4. Status of Industrial Relations and Implementation of Labor Welfare
5. Measures in select Oil Mines
6. HR Practices and Organizational Strategies in select IT companies in India
7. 360 degree appraisal in ABC Corporation
8. Potential appraisal in Maruti Udyog
9. Strikes and lockouts in ABC
10. Cross cultural issues in HR
11. Industrial conflict
12. Transfer and Promotional Strategies
Please see if anyone can help me.
Thanks & Regards
Bhawna

26th September 2011 From India, New Delhi
Dear Nilesh kumar ji,
01. ) Then what about notional extension / is it not applicable when employer is providing transport facility ?
02.) if trnasportation is provided by the employer ..
in case to catch the company bus or cab provided for employees transporation if he use any other mode of transporation .. then, is it covers under any statutory liability? .. becauese may be employer can't provided transporation at their doarstep.
much regards,
nagarjuna kandimalla
HR - NATCO PHARMA LIMITED
26th September 2011 From India, Hyderabad
Dear Mr.Nagarjuna,
I would like to put my comments on Point No.2 if trnasportation is provided by the employer ..
in case to catch the company bus or cab provided for employees transporation if he use any other mode of transporation .. then, is it covers under any statutory liability? .. becauese may be employer can't provided transporation at their doarstep.

It means company has provided transportaion for pick up and drop by company vehicle only, Employer is not responsible for catching of company provided transport accidents.
In my present organisation we have taken both EC and GPA Policy to cover all the ways of accident even it is not mandatory by any law or statutory.
Please fell free to ask if you need any assistance.
Regards,
Nilesh Kumar Harge
Associate Manager HR
Fainger Leser Valves (P.) Ltd.,
Aurangabad.
26th September 2011 From India, Pune
Dear Sir,
I need your guidance on following issue....!!
Soppose any of the company employee met with a road accident while going on meeting or with some company work during office hours, meanwhile any of the accidents occures with them, whether he/she will be eligible for ESI benefit or all Medical benefits by concern Company Side or not, if it is so then if their is any creiteria of the company, or any Govt. Law for that....!!
Kindly suggest us your valuable views in this regard.....!!
Regards,
Ankit Saxena
27th September 2011 From India, Delhi
Dear Mr.Ankit,

If a company employee is met with an accident while going for meeting during official working hrs is eligible to get the benefit. but we must have some proof like Gate Pass / Out Door Duty Form etc., to prove that when he was met with accident he was on official assignment.

Even in the case that if a employee met with an accident out of the premises because his nature of job is extensive travelling.

Your might remember that while taking insurance coverage by either way " Nature of work " we have to mention.

even in exceptional case you can claim on the grounds of due to exigency of work employee has been sent out for Out Door Duty.
Regards,
Nilesh Kumar Harge
Associate Manager HR
Fainger Leser Valves (P.) Ltd.
Aurangabad.
27th September 2011 From India, Pune
Dear Ajay
1)In comnnection with the counting of lost time donot arise since workman completed his shift working hours. Therfore it should not be counted for annual statistics.
2) Since the workman met with an accident while returning to home after completion of his duties, the case will fall under the theory of notional extension of employment. Thus employer is liable to pay compensation for personal injury caused to a workman by accident occured beyond his working hours and beyond his work place.
3) If workman is covered undert the ESIS, he e will get benefit as per the scheme.
4) If he is covered under Group Medical Scheme , Group Personal Accident policy , the workman will get all eligible benefit such Hospitiliazation charges. Wags during the absence from duties -- etc. However you will have to check terms of policy.
Hope this will clarify your all queries.
R D Watve
27th September 2011
Dear Mr.Ravindra,
Thanks for valued information.
Are there any limits or rules regarding companies responsibilities, as also earlier mensioned by Mr. Bhatia in this discussion regarding specific range of distance from company premises or within perticular time frame?? I am littile bit confused on the same.
regards
Ajay
27th September 2011 From India, Mumbai
Dear Ajay,
The accident was done out side the office premises after the office timings.so, no need to take pay anything from the employer side .what ever Nilesh Kumar said is absolutely correct
Regards
Satyaprasad.Rayudu.
27th September 2011 From India, Hyderabad
Dear Ajay
1)Companies responsibility is to provide workman medical treatment till he gets recovered from accidental injury only.
2)In practical sense you can not decide where ur workman should reside, hence no limit for distance from company to residence can be taken in to consideration for giving medical treatment. However if workman met with an accident under the influence of alcochol or any narcotic subsence the employer can refuse to pay for medical treatment.
R D Watve
R D Watve
28th September 2011
Dear Mr.R D Watve,

I would like put my comments on "influence of alcohol".

You might know that most of the liquid medicines contain the alcohol.

In a case study of domestic enquiry a employee who has been served a show cause and charge sheet under employment standing order act under section 24. Consuming alcohol while in duty hrs is not permitted but taking medicine is permitted.

He claimed that he has taken medicine not alcohol in his blood and urine test it is came to know that he has taken alcohol. He won the case in court after termination form employment and employers has to obey the order of court.

I mean to say that if we have sufficient ground we can convert the situation. I know it is not suggested to convert the situation but it can happen.

Please take care while we are handling such cases.

Regards,
Nilesh Kumar Harge
Associate Manager HR
Fainger Leser Valves (P.) Ltd.
Aurangabad.
+91 9922078841
.
28th September 2011 From India, Pune
Dear Nilesh Sir & Watve Sir, thanks to both of u for sharing the valued information’s thanks to all those who shared there views once again. regards ajay
28th September 2011 From India, Mumbai
Dear Friends The latest ESI Notification is enclosed herewith. You can see the Sl.no 13 (Section 51E) regarding road accident benefit under ESI scheme. Regards Alphonse 09443625359
29th September 2011 From India, Madras

Attached Files
Membership is required for download. Create An Account First
File Type: pdf ESI For road accident.pdf (4.70 MB, 893 views)

Dear Sir,
One of Sales staff employees coverd under ESI , met with fatal road accident during working hours at place of posting.
Kindly advise libality of employeer and benifit under ESI.
Regards
Renu
19th November 2011 From India, Delhi
Dear All,
One of our company security guard met with an accident while coming on duty. one unknown four wheeler vehicle hit him, in that after 3 days of his joining he died. Our establishment covered under ESIC and contractor not register his name under ESIC . Their family demand WC kindly guideline on it
14th May 2018 From India, New Delhi
Dear Sir
I meet with an accident on 21 Aug 2017 .A Mercedes hit me at the time when I was road side and working for my market research company project .my right leg tibia and fibula both both broked and operated by Ortho surgeon.time spend 9 months but bones not healed . company management forced me to join the field work soon.i joined during the treatment but doctor advised me to do light work and you are preferably sitting job only.company denied doctor advice and forced me in field work.i am not able to move perfectly because I have 15 screw and plate in my right leg and it will not support to move me well.i am afraid to move on road and scared to face traffic on road or road side because driver of any vehicle not known my situation.
And my company HR declined my application of sitting job and said that your job profile is field worker we don't allow you to do office or sitting job here.i am totally dipressed and lossed my future dreams with financial losses.i don't know what will I get claim amount for my temporary total disability if I get 24520/- per month.pls help with remarks.
Regards
Amit Kumar
21st June 2018 From India
Add Reply Start A New Discussion

Cite.Co - is a repository of information created by your industry peers and experienced seniors. Register Here and help by adding your inputs to this topic/query page.
Prime Sponsor: TALENTEDGE - Certification Courses for career growth from top institutes like IIM / XLRI direct to device (online digital learning)





About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co™