I left office at the same time when i leave office . I met with accident on 12/11/2010 on my way from office to home near my ofice say within one km . I am working for Bank . Is there any provision in any law where accident on the way from office to home is considered as accident on duty. I am on leave for last 5 months. Please advise me if you know anything in the matter. I also request you to tell me whether i can get any guidance from any source / forum .
9th April 2011 From India, Thana
Dear Satish
If you are working with a bank then you must be covered under the corporate insurance for the employees and you should just check on your employee site provided by the bank whether they are covering this into your accident on duty case or not because when you met with an accident during the official hours then the same is covered under your insurance and accident on duty.So at what time you met with the accident is what matters according to my knowledge.Kindly check your employee site provided by your bank.
Thanks & Regards
Exploringtheworld
9th April 2011 From India, Delhi
Dear Friend,

As per the law, accident on the way from office to home is not considered as accident on duty as it is not clear in the Act.

You may refer the the Employee State Insurance Act, 1948, Section 2(8) "employment injury" means a personal injury to an employee caused by accident or an occupational disease arising out of and in the course of his employment, being an insurable employment, whether the accident occurs or the occupational disease is contracted within or outside the territorial limits of India.

And further, as per Section 46(1) Subject to the provisions of this Act, the insured persons their dependents or the persons hereinafter mentioned, as the case may be, shall be entitled to the following benefits, namely :-

(C) periodical payments to an insured person suffering from disablement as a result of an employment injury sustained as an employee under this Act and certified to be eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as disablement benefit).

It is better you speak with an expert.

Regards.
10th April 2011 From India, Mumbai
Hello hello hello friends, i dont think so banks follow ESIC, even we dont have ESIC, we are service industry, and in bank, or in any other company when you have the group insurance, medical insurance for which you pay some premium and company pays some premium then you are eligible to get the compensation for expenses which you spent for medicaltreatment AS LONG AS YOU ARE IN EMPLOYMENT OF THAT COMPANY.
and it does not matter whether accident took place in office, or home or some ohter city.............
pls read your medical ins policy carefully,
10th April 2011 From India, Madras
Satish,
Long time I did not refer the Acts because I am in Gulf . Pls. go through the Factories Act ? Workmen Compensation Act (I forgot). However, I am sure that, as per definition/ explanation given in one of the labour acts, it is considered that the employee is on duty from the time he leaves his home and till he reaches home from work. Better, speak to an advocate.
Thanks
Jijo
10th April 2011 From Oman, Muscat
Hi Satish,
According to me in your case Accident in way to home is not "Arises out of and in course of employment" so it is not accident on duty. (I am assuming at time of accident you were not traveling in transportation provided by company)
I will suggest you talk to some lawyer so that he can help you.
As other frnds suggested if your covered under company group and medical insurance then it will be helpful for you.
Life is uncertain and we all must have adequate life Insurance policy for our us and our loved ones.
10th April 2011 From India, Hyderabad
According to me as per the law, accident on the way from office to home is not considered as accident on duty so you should consult some legal person Take Care
10th April 2011 From India, Kanpur
Dear Satish.
As per my knowledge if an on roll employee is logically entitled to claim for compensation from company if while coming to office or going back to home after office meets any accident( not criminal ) is logiacly applicable to claim from company.
As all industries,companies are covered by factoories act or related acts,you may contact any lawyer who is looking for companies matter infact, will guide you.
Regards
17th December 2012 From India, Lucknow
Dear Satish,
As per ESI Amendment Act, 2010 U/s 51 E. Accidents occuring while commuting to place of work and vice-versa covered under the act, which is as follows.
U/s 51 E. An accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occurred and the employment is established.
But in your case, Bank is not comes under the ambit of ESI Act as far my knowledge goes. You may please approach to your Organisation regarding GPA Insurance policy, I think it must be there.
Regards,
J.Basak
6th January 2013 From India, Calcutta
"As per ESI Amendment Act, 2010 U/s 51 E. Accidents occuring while commuting to place of work and vice-versa covered under the act, which is as follows.
U/s 51 E. An accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occurred and the employment is established."
Is it applicable under WC policy ?? If yes please quote the clause .
Thanks
31st July 2018 From India, Pune
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